IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Crl.MC.No. 4276 of 2008 ---------------------------------- CC. NO. 406/2006 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER: ------------------- XAVIER D'CRUZ, ETHALIN HOUSE, T.C. 44/613, VALIYATHURA. BY ADV. SRI.P.BABU KUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M. AHAMMED, SAJILA MANSIL, VAZHAMUTTOM, PACHALLOOR, THIRUVANANTHAPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J ------------------------------------ Crl.M.C. No.4276 of 2008 ------------------------------------- Dated this the 10th day of November, 2008 ORDER Petitioner, who faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act, who was enlarged on bail, but later did not appear before court and consequently coercive processes have been issued against him and who apprehends imminent arrest, has 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 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 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 Section 482 Cr.P.C to the Magistracy to follow the dictum in Crl.M.C. No.4276 of 2008 2 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 petitioner. 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 petitioner for production before the court below. 5. The learned counsel for the petitioner undertakes that the petitioner shall appear before the learned Magistrate personally on or before 09.12.08. The petitioner is a heart patient, it is further submitted. There shall be a direction that the petitioner shall surrender before the learned Magistrate and seek regular bail on or before 09.12.08. Till that date, the warrant of arrest issued against the petitioner shall not be executed. It is made clear that the petitioner must appear personally before that court. He can thereafter apply for exemption. (R.BASANT, JUDGE) rtr/-