IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Crl.MC.No. 3819 of 2008() ---------------------------------- ST. 761/2007 OF CHIEF JUDICIAL MAGISTRATE, TRIVANDRUM. ...... PETITIONER/2ND ACCUSED. ---------------------- P.N.KRISHNA PILLAI, AGED 70 YEARS, S/O.NARAYANA PILLAI, SOUPARNIKA, ALUMMOODU, NEYYATTINKARA,THIRUVANANTHAPURAM. BY ADV. SRI.SANTHAN V.NAIR RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE BANK OF TRAVANCORE, MAIN BRANCH, TRIVANDRUM, REPRESENTED BY ITS MANAGER. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3819 of 2008 ------------------------------------------------- Dated this the 15th day of October, 2008 ORDER The petitioner, who faces indictment as the 2nd accused in a prosecution under Sec.138 of the Negotiable Instruments Act; who had entered appearance before the learned Magistrate and was enlarged on bail earlier; who had promptly appeared before the court either personally or through his counsel on all dates of posting till 30/9/08; who could not unfortunately appear before the court on 30/9/08; whose counsel also could not present before court on that day and against whom a warrant of arrest has been issued by the learned Magistrate to procure his presence, has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that direction may be issued to ensure that the dictum in Alice George v. Crl.M.C. No. 3819 of 2008 2 Dy.S.P. of Police (2003 (1) KLT 339) is complied with and that the petitioner's application for regular bail is considered on merits, in accordance with law and expeditiously – on the date of surrender itself. 2. I am not persuaded to agree that any special or specific direction deserves to be issued. Sufficient general directions have already been issued by this Court in the decision in Alice George (supra). I am not satisfied that any special or separate direction deserves to be issued in each case to the learned Magistrate to comply with the directions in Alice George (supra). I have no reason to assume that the learned Magistrate shall not follow the decision in Alice George (supra). If there be non-compliance, the avenues of challenge/complaint are available to the petitioner. 3. This application is dismissed, but with the above specific observations. 4. In the peculiar facts and circumstances of this case, there shall be a direction that the coercive processes issued against the petitioner shall not be executed till 29/10/08 – the next date on which the case is posted. On or before that date, the petitioner shall surrender before the learned Magistrate and Crl.M.C. No. 3819 of 2008 3 seek regular bail. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge