IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Crl.MC.No. 3814 of 2008() ------------------------- ST.2117/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER(S): PETITIONER/ACCUSED. ---------------------------------- JOSEPH A.S, S/O.A.O.SANI, (LATE), ALUKKAL HOUSE, KALADY, ERNAKULAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): RESPONDENT/COMPLAINANT. -------------------------------------- UNION OF INDIA, REPRESENTED BY THE LABOUR ENFORCEMENT OFFICER (CENTRAL), ERNAKULAM, THROUGH THE ASSISTANT SOLICITOR GENERAL,HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3814 of 2008 ---------------------------------------- Dated this the 15th day of October 2008 O R D E R The petitioner, who faces indictment in a prosecution for offences punishable inter alia under the Maternity Benefit Act and Rules; cognizance against whom was taken as early as in 2004 as is revealed from the number assigned to the case S.T.No.2117/2004; who had once entered appearance and was enlarged on bail; who has subsequently not been able to appear before the court from 28/7/2007; against whom coercive processes have been issued by the learned Magistrate to procure his presence and who apprehends imminent arrest 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. Crl.M.C.No.3814/08 2 2. 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 petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.3814/08 3 Crl.M.C.No.3814/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008