IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Crl.MC.No. 3805 of 2008() ------------------------- ST.140/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, RANNI .................... PETITIONER/ACCUSED --------------- PUSHPAVALLY P.R., AGED 57 YEARS, D/O.RAGHAVAN, RESIDING AT THIRAMATHU PUSHPANJALI, SEETHTHODU P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT/STATE: --------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3805 of 2008 ---------------------------------------- Dated this the 14th day of October 2008 O R D E R The petitioner, who faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act; who entered appearance and was enlarged on bail; who had participated in the proceedings till the stage of Section 313 examination; who was absent on the date when the case was posted for 313 examination and against whom a warrant of arrest has been issued by the learned Magistrate to procure her 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 Jain Babu v. Joseph [2008 (4) KLT 16] and to consider her application for bail to be filed by her when she 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 and Jain Babu (Supra). It is not Crl.M.C.No.3805/08 2 necessary for this court in every subsequent case to issue directions to the Magistracy to follow the dictum in Alice George (Supra) and Jain Babu (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.3805/08 3 Crl.M.C.No.3805/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008