IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Crl.MC.No. 3784 of 2008() ------------------------- CC.557/2003 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER: ACCUSED ------------------------- R. SELVAKUMAR, PLOR NO. G-13, PANAMPILLY NAGAR, COCHIN. BY ADV. SRI.M.B.PRAJITH RESPONDENTS: STATE -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. C. AHMED KOYA, S/O. ABOOBACKER, CHEKKIANATH HOUSE, BYEPORE PORT, KOZHIKODE. R1 BY PUBLIC PROSECUTOR, SRI.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3784 OF 2008 ----------------------------------------------- Dated this the 13th day of October, 2008 O R D E R The petitioner, who faces indictment in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act; who was enlarged on bail by the learned Magistrate once; who did not appear before the learned Magistrate at the stage of cross examination of the complainant; against whom coercive processes have been issued by the learned Magistrate 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 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 (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 Crl.M.C. No. 3784 OF 2008 -:2:- 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 ttb Crl.M.C. No. 3784 OF 2008 -:3:- Crl.M.C. No. 3784 OF 2008 -:4:-