IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Crl.MC.No. 3524 of 2008() ------------------------- CRIME NO.203/05 OF CHALISSERRY POLICE STATION CC.356/2005 OF THE MUNSIFF MAGISTRATE COURT, PATTAMBI .................... PETITIONER(S): PETITIONERS/ACCUSED NO.1,2,6 & 8. ------------------------------------------------ 1. NISHAD, S/O. YOUSAF, AGED 25 YEARS, PUTHANPEEDIKAYIL HOUSE, PARUKAPUTHOOR, PATTAMBI, OTTAPPALAM TALUK,PALAKKAD DISTRICT. 2. ASEES.V.V AGED 37 YEARS, S/O. ENANTHU, VELUTHU VALAPPIL HOUSE, KARUKAPUTHOOR, PALAKKAD DISTRICT. 3. NISHAD P.D., AGED 28 YEARS, S/O. MOIDUNNI, PILLAKKOOTTATHIL VEEDU, KARUKAPUTHOOR PALAKKAD, DISTRICT. 4. NISHAD C.V. AGED 26 YEARS, S/O. KOYA, CHAMMINI VALAPPIL, KOCHUPARAMBIL HOUSE, KARUKAPUTHOOR, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS(S): COMPLAINANT --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3524 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of September, 2008 O R D E R The petitioners, against whom warrants of arrest have been issued by the learned Magistrate in a prosecution for offences punishable, inter alia, under Section 323 r/w. 149 I.P.C. (all offences are bailable, it is submitted), have come to this court with this petition for issue of a direction under Section 482 Cr.P.C. to oblige the Magistrate to consider their bail applications on merits, in accordance with law and expeditiously – on the date of surrender itself, in accordance with the dictum in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 2. I am not persuaded to agree that any special or specific direction deserves to be issued. Sufficient general directions have already been issued by this Court in the decision in Alice George (supra). It is not necessary for this Court to issue directions under Section 482 Cr.P.C. to the Magistrate to comply with the directions in Alice Georg (supra). Every court must Crl.M.C.No. 3524 of 2008 2 do the same. If there be non-compliance, the avenues of challenge/complaint are available to the petitioners. 4. This application is accordingly dismissed, but with the above specific observations. 5. Hand over the order to the learned counsel for the petitioner for production before the learned Magistrate. (R. BASANT) Judge tm