IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 Crl.MC.No. 3869 of 2008() ------------------------- PETITIONER/1st ACCUSED: ---------------------------- MURALEEDHARAN, AGED 43 YEARS, S/O. LAKSHMIKUTTY AMMA, KOMATIL HOUSE, AYYAPPA NAGAR, MAIN ROAD, CHINMAYA NAGAR, MADRAS. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VARANDARAPPILLY POLICE STATION. BY GOVERNMENT PLEADER, SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3869 OF 2008 ----------------------------------------------- Dated this the 17th day of October, 2008 O R D E R Petitioner faces indictment in a prosecution for offences punishable under Section 498 A IPC. He is the husband of the defacto complainant. Investigation is complete. Final report has already been filed. The matter is pending as CC No.41/07 before the Judicial First Class Magistrate Court, Irinjalakuda. Petitioner has not entered appearance so far. Coercive processes have been issued against him. He apprehends imminent arrest in execution of such processes. He 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 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 Crl.M.C. No. 3869 OF 2008 -:2:- dictum in Alice George (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. 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. 3869 OF 2008 -:3:- Crl.M.C. No. 3869 OF 2008 -:4:-