IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Crl.MC.No. 3633 of 2008() ------------------------------------- (CC.368/07 OF JFCM COURT I, PERAMBRA) PETITIONER:ACCUSED: ------------------------------------ NISAR KORANKANDY, S/O.SOOPPY, KORANKANDY HOUSE, PAITHOTH, PERAMBRA P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.SANJAY SRI.MUHAMMED SHAFI.M. RESPONDENT:COMPLAINANT: ---------------------------------------------- THE STATE OF KERALA, REPD. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.3633 of 2008 ------------------------------------- Dated this the 26th day of September, 2008 ORDER Petitioner, who faces indictment in a prosecution under Section 326 I.P.C, who has not been arrested so far and against whom, the learned Magistrate, after taking cognizance, has issued coercive processes, has 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 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 Alice George v. The Deputy Superintendent of Police . Crl.M.C. No.3633 of 2008 2 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. (R.BASANT, JUDGE) rtr/-