IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 Crl.MC.No. 4206 of 2008() ------------------------- C.P.NO.88/05 OF J.F.M.C-I OF PATHANAMTHITTA PETITIONER(S): IST ACCUSED -------------------------- P.D.KOSHY @ SABU, S/O.DAVID, PALATHUMTHALAKAL HOUSE, (KALAYAPURAM), KOODAL VILLAGE & MURI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.ABRAHAM SAMSON RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOODAL POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4206 of 2008 ------------------------------------- Dated this the 5th day of November, 2008 ORDER Petitioner who faces indictment in a prosecution under Section 3 (1)(x) of the S.C/S.T (P.A) Act, who has not been arrested at the crime stage or thereafter; the Committal Proceedings against him is pending before the learned Magistrate; the co-accused who faced along with whom has faced indictment has already been acquitted after regular trial by the Sessions Court, against whom coercive processes have been issued by the learned Magistrate to procure his presence; who was employed abroad and who now apprehends imminent arrest in execution of such processes, 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. Crl.M.C. No.4206 of 2008 2 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 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. The counsel expresses a further apprehension that the offence being one triable exclusively by the Court of Session, the learned Magistrate may not consider the application on merits. That apprehension is found to be without any merit. In the light of the following decisions which lay down beyond the trace of doubt that the Magistrate cannot abdicate the jurisdiction merely because the offences is triable by the court of Session. i) Ali v. State of Kerala [2000(2) KLT 280], ii) Shanu v. State of Kerala [2000(3) KLT 452], iii) Krishnakumar v. State of Kerala [2005(1) KLD (Cri.)42] iv) P.P.Kader v. State of Kerala [2005(1) KLD (Cri.)250] . Crl.M.C. No.4206 of 2008 3 5. The learned counsel for the petitioner makes a further interesting request. I say interesting because the case is pending because of his absconding. He wants the matter to be disposed of expeditiously as he has come on leave from his place of employment abroad and does not have too much time to returning to his place of employment. It is for the petitioner after entering apperance to request the learned Magistrate to take expeditious steps to complete the proceedings against him. The needful shall be done by the learned Magistrate. 6. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-