IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Crl.MC.No. 4159 of 2008() ------------------------- CP.153/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY .................... PETITIONER(S): --------------- JASEEM @ CHETTANKUNJU, S/O.MUHAMMED SHARIER RAVUTHERE, AGED 24 YEARS MULLAKKAL BANGLOW, HOUSE NO.404/11, SOORANADU- NORTH PANCHAYATH PADINJATTU KIZHAKKA MURI SOORANADU NORTH VILLAGE, KOLLAM. BY ADV. SRI. K.SIJU RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4159 of 2008 ---------------------------------------- Dated this the 4th day of November 2008 O R D E R The petitioner is the 5th accused who faces indictment in a prosecution for offences punishable under Section 402 I.P.C. He was not arrested at the crime stage. Investigation was completed and final report was filed. The petitioner has not entered appearance. According to the petitioner, no summons, notice or process was ever served. The learned Magistrate, swallowing the statement of the police in the final report that the petitioner is absconding has, at the first instance itself, issued a warrant of arrest. The petitioner has come to know of the need to appear before the learned Magistrate. He is willing to appear before the learned Magistrate and seek regular bail on the very first day of posting, that is 05/11/2008. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. He prays 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 Crl.M.C.No.4159/08 2 Superintendent of Police [2003(1)KLT 339] and Sukumari v. State of Kerala [2001(1)KLT 22]) 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 and Sukumari (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 and Sukumari (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. 4. 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.4159/08 3 Crl.M.C.No.4159/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008