IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Crl.MC.No. 3629 of 2008() ------------------------------------- L.P.NO.176/2006 OF JFMC II, KOLLAM ...... (CRIME NO.288/2001 OF KOLLAM EAST POLICE STATION) PETITIONERS:ACCUSED: -------------------------------------- 1. MOIDEEN KUTTY, S/O.BEERAN KUTTY, AGED 45 YEARS, PADINNARAKKARA VEEDU, NEAR AM.L.P.SCHOOL, AIYAPATTA DESOM, CHERPULASSERY VILLAGE, PALAKKAD TALUK. 2. ABOOBAKAR, S/O.MUHAMMED KUNJU, ERATHU VEEDU, NEAR A.M.L.P.SCHOOL, ALIYAPATTA DESOM, CHERPULASSERY VILLAGE, PALAKKAD TALUK. 3. MOIDEEN KUTTY, S/O.UNNIYAR, AGED 29 YEARS, KULATHUPADIKAL VEEDU, NEAR A.M.L.P.SCHOOL, ALIYAPPATTA DESOM, CHERPULASSERY VILLAGE, PALAKKAD TALUK. BY ADV. SRI. K.SIJU RESPONDENT:STATE: ---------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.3629 of 2008 ------------------------------------- Dated this the 26th day of September, 2008 ORDER Petitioners, who face indictment in a prosecution under Section 379 r/w 34 I.P.C; who were released on bail earlier; who were not available for trial, the case against whom has been transferred to the list of Long Pending Cases and against whom the learned Magistrate has issued coercive processes, have now come to this Court with this petition praying for issue of directions under Section 482 Cr.P.C to the learned Magistrate to comply with the dictum in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and to consider their application for bail to be filed by them when they surrender 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 v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am not satisfied that it is necessary for this Court in every subsequent case to issue directions under Section 482 Cr.P.C to the Magistracy to follow the dictum in Crl.M.C. No.3629 of 2008 2 Alice George v. The Deputy Superintendent of Police . Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioners. 3. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-