IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Crl.MC.No. 3646 of 2008() ------------------------- LP.68/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... PETITIONER(S): --------------- RAJU, THEKKUVILA PUTHEN VEEDU, MANKODU P.O., KOTTARAKKARA TALUK. BY ADV. SRI.V.PREMCHAND RESPONDENT(S): --------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3646 of 2008 ---------------------------------------- Dated this the 29th day of September 2008 O R D E R The petitioner, who faces indictment in a prosecution for offences punishable inter alia under Section 323 I.P.C; all offences alleged against whom are bailable; who was not available to be proceeded along with the co-accused who has already been acquitted, who was abroad at the time when process was issued, the case against whom has been transferred to the list of long pending cases and against whom warrant of arrest has been issued by the learned Magistrate to procure his presence, 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 Crl.M.C.No.3646/08 2 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. 4. The learned counsel for the petitioner submits that the petitioner has got four months leave and prays that there may be a direction for expeditious disposal of the case. The petitioner can make the request before the learned Magistrate when he appears and needless to say, the learned Magistrate must consider the same and take appropriate decision. 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.3646/08 3 Crl.M.C.No.3646/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008