IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Crl.MC.No. 4449 of 2008() ------------------------- CC.659/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA .................... (CRIME NO.308/2007 OF THE MELATTOOR POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. JAYAN, S/O.AYYAPPAN, AMBALAKUNNATH HOUSE, MAYILADI HARIJAN COLONY, PATHIRICODE, MALAPPURAM DISTRICT. 2. MUHAMMED ALI, S/O.PATHUMMA, CHERIKALLAN HOUSE, PATHRICODE, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE: -------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MELATTOOR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI – 31. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4449 of 2008 ------------------------------------- Dated this the 19th day of November, 2008 ORDER Petitioners, who face indictment in a prosecution for the offence punishable under Section 379 r/w 34 I.P.C; who has not been arrested so far at any stage; the case against whom has been registered on the basis of a final report submitted by the police; against whom coercive processes have been issued by the learned Magistrate and who apprehend imminent arrest, have now come to this Court with this petition praying for issue of directions under Section 482 Cr.P.C to the learned Magistrate to comply with the dictum in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and to consider their application for bail to be filed by them when they surrender 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 v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am not satisfied that it is necessary for this Court in every subsequent case to issue directions under Crl.M.C. No.4449 of 2008 2 Section 482 Cr.P.C to the Magistracy to follow the dictum in Alice George v. The Deputy Superintendent of Police . Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioners. 3. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioners for production before the court below. (R.BASANT, JUDGE) rtr/-