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. 3986 of 2008() ------------------------- CP.25/2008 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... (CRIME NO.418/2004 OF VADAKARA POLICE STATION) PETITIONER(S): ACCUSED NO.14: ---------------------------------------------------- YOOSAF KURUMBAT, S/O. KUNHIMOOSA, PARAKKADAV AMSOM, THANAKKOTTUR DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSDCUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSDCUTOR 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: Kss R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3986 OF 2008 ----------------------------------------------- Dated this the 23rd day of October, 2008 O R D E R Petitioner, who faces indictment as the 14th accused in a prosecution for offences punishable, inter alia, under Section 307 read with Section 149 IPC; who was not been arrested or released on bail at any prior stage till now; to secure whose presence in the committal proceedings, the learned Magistrate has issued coercive processes and who apprehends imminent arrest in execution of such processes, has come to this court now 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 to do the Crl.M.C. No. 3986 OF 2008 -:2:- 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. 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. 3986 OF 2008 -:3:- Crl.M.C. No. 3986 OF 2008 -:4:-