IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 Crl.MC.No. 3667 of 2008() ------------------------- LP.33/2005 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... PETITIONER/7TH ACCUSED: --------------- PRAMOD, PARAYIL HOUSE, KORIKKAL, THALAYOLAPPARAMBU, BY ADV. SRI.DILIP MOHAN RESPONDENT/COMPLAINANT AND STATE: --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. CIRCLE INSPECTOR OF POLICE, VAIKOM POLICE STATION, VAIKOM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3667 of 2008 ---------------------------------------- Dated this the 30th day of September 2008 O R D E R The petitioner, who faces indictment in a prosecution for offences punishable inter alia under Sections 326 and 307 read with 149 I.P.C; who has not been arrested and enlarged on bail yet, the co-accused who faced indictment along with whom have already been found not guilty and acquitted after trial by the competent court and against whom a warrant of arrest has been issued by the learned Magistrate to procure his arrest, has 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 court in every subsequent case to issue directions to the Crl.M.C.No.3667/08 2 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.3667/08 3 Crl.M.C.No.3667/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008