IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Crl.MC.No. 3976 of 2008 --------------------------------- (CRIME NO. 724/2007 OF KOTHAMANGALAM POLICE STATION) ............ PETITIONER(S)/ 3RD ACCUSED: ---------------------------------------------- BINU @ KOYAN, S/O. GOPI, CHERUVELIKKUDI, MALIPPARA.P.O., NADODIPALAM, KOTHAMANGALAM. BY ADV. SRI.R.BINDU (SASTHAMANGALAM). RESPONDENT(S)/ STATE: ------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.3976 of 2008 ---------------------------------------- Dated this the 23rd day of October 2008 O R D E R The petitioner, who faces indictment in a prosecution for offences punishable inter alia under Section 308 read with 149 I.P.C; in whose favour directions under Section 438 Cr.P.C (anticipatory bail) was granted at the crime stage; who, on account of his employment outside Kerala, was not able to surrender and seek bail as directed in the order granting anticipatory bail; against whom cognizance has already been taken; reckoning whom as an absconding accused coercive processes have been issued by the learned Magistrate in the committal proceedings and who apprehends imminent arrest in execution of such processes 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 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 Crl.M.C.No.3976/08 2 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. The learned counsel for the petitioner submits that the matter has been settled between the parties and that is evident from the order granting anticipatory bail. The petitioner can certainly make that submission also before the learned Magistrate when the learned Magistrate considers his application for regular bail. 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.3976/08 3 (R.BASANT, JUDGE) jsr Crl.M.C.No.3976/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008