IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Crl.MC.No. 4238 of 2008() ------------------------- LPC.97/2007 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER(S): ACCUSED: ----------------------------------------- KAMALAKSHAN, AGED 39 YEARS, S/O.NARAYANAN, LAKSHAMVEEDU COLONY,AKASH BHAVAN, KAVOOR, MANGALORE.D.K. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4238 of 2008 ------------------------------------------------- Dated this the 7th day of November, 2008 ORDER The petitioner, who faces indictment for offences punishable under Sections 120B and 489A to D read with Sec.34 IPC; who has not been arrested at the crime stage or thereafter; who has not been able to appear before the learned Magistrate in the committal proceedings though cognizance was taken earlier; the case against whom has been transferred to the list of Long Pending Cases; against whom coercive processes have been issued by the learned Magistrate and who apprehends imminent arrest, 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 dicta in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) and Crl.M.C. No. 4238 of 2008 -: 2 :- Sukumari v. State of Kerala (2001 (1) KLT 22) are 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 and Sukumari (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 and Sukumari (supra). I have no reason to assume that the learned Magistrate shall not follow the decision in Alice George and Sukumari (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. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4238 of 2008 -: 3 :-