IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Crl.MC.No. 3858 of 2008() ------------------------- AGAINST THE ORDER IN LP 15/2008 IN ST.230/2005 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... PETITIONERS/ACCUSED: -------------------------- 1. RAGESH T. PULUVALAPPIL, PANTHEERANKAVU P.O., KOZHIKODE. 2. RATHEESH.P. PULUVALAPPIL, PANTHEERANKAVU P.O., KOZHIKODE. 3. SHIJITH P. S/O. PADMANABHAN, CHETTIAMKANDY, KARTHIKA NIVAS, GONVINDAPURAM, KOZHIKODE. BY ADV. SRI.K.GOPALAKRISHNA KURUP SRI.S.MANU RESPONDENT/STATE: ----------------------- 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 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3858 OF 2008 ----------------------------------------------- Dated this the 16th day of October, 2008 O R D E R The petitioners along with the co-accused face indictment in a prosecution for offences punishable, inter alia, under Sections 188 and 283 read with Section 149 IPC. Petitioners are accused 1, 5 and 4 respectively in ST No.230/05 of Judicial First Class Magistrate Court-I, Kohikode. Some of the co-accused have already been tried, found not guilty and acquitted. The case against the petitioners has been split up and the same has been transferred to the list of long pending cases. Coercive process have been issued against the petitioners. They apprehend imminent arrest in execution of such processes. Though several claims are made in this petition, after discussions at the Bar, the learned counsel for the petitioners only prays that the petitioners may be permitted to surrender before the Magistrate and seek regular bail. The petitioners are willing to surrender before the learned Magistrate and seek regular bail. But they apprehend that their applications for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. Crl.M.C. No. 3858 OF 2008 -:2:- 2. The petitioners have 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 their applications 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. 3. 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 petitioners for production before the learned Magistrate. R. BASANT, JUDGE ttb Crl.M.C. No. 3858 OF 2008 -:3:- Crl.M.C. No. 3858 OF 2008 -:4:-