IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Crl.MC.No. 3757 of 2008() ----------------------------------- CC.64/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER/ACCUSED NO.5 ------------------ VARAMBUMURIYAN ABOOTTY, S/O. ALI, PERUVAMBA, KUTTOOR AMSOM, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT/ COMPLAINANT --------------------- STATE - S.H.O. PERINGOME POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3757 of 2008 ---------------------------------------- Dated this the 7th day of October 2008 O R D E R The petitioner faces indictment as the fifth accused in a prosecution for offences punishable inter alia under Section 452 read with 149 I.P.C. Some of the co-accused faced trial and they were found not guilty and acquitted. The petitioner and some others were not available for trial. The case against them has been split up and refiled. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner. The petitioner has now come to this court with the prayer that directions under Section 482 Cr.P.C may be issued to the learned Magistrate to comply with the directions in Alice George vs.Deputy Superintendent of Police [2003(1) KLT 339] and to consider his application for bail to be filed by him when he surrenders before the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. 2. Sufficient general directions have already been issued in Alice George (Supra). It is not necessary for this Crl.M.C.No.3757/08 2 court in every subsequent case to issue directions to the Magistracy to follow the dictum in Alice George (Supra). Every court is bound to do the same. I have no reason to assume that the same shall not be done. If the directions are not complied with the avenues of challenge/complaint are available for the petitioner. 3. In the result, this petition is dismissed subject to the above specific observations. 4. The petitioner has one more interesting request to make. Even before he surrenders before the learned Magistrate, he wants this court to issue directions for expeditious disposal of his case. He must first appear before the learned Magistrate and thereafter make such request before the learned Magistrate. Needless to say, the learned Magistrate must consider such request and take appropriate decision. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.3757/08 3 Crl.M.C.No.3757/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008