IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Crl.MC.No. 4327 of 2008() ------------------------- CC.1238/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONER(S): --------------- V.VENUGOPAL, AGED 49 YEARS, S/O, LATE N.K.MADHAVA PANICKER, JAYASREE HOUSE, PERUVARAM, NORTH PARAVOOR. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4327 of 2008 ---------------------------------------- Dated this the 13th day of November 2008 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act. The petitioner had entered appearance before the learned Magistrate and was enlarged on bail. But subsequently there was no appearance and hence coercive processes have been issued by the learned Magistrate to procure the presence of the petitioner. According to the petitioner, his absence was not willful or deliberate. He is employed abroad. He is willing to surrender before the learned Magistrate. But he apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. He prays 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. Crl.M.C.No.4327/08 2 2. Sufficient general directions have already been issued in Alice George (Supra). It is not necessary for this 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. 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.4327/08 3 Crl.M.C.No.4327/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008