IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Crl.MC.No. 3838 of 2008() ------------------------- CP.43/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER(S): ACCUSED ---------------------- 1. SURESH @ PULLY SURA, S/O.LABY, AGED 33, CHARUVIL THAKATHIL VEEDU, KAITHAKKAL DESOM, KODUVILA MURI, EAST KALLADA VILLAGE, KOLLAM. 2. SANAL, S/O.LABY, AGED 30, CHARUVIL THAKATHIL VEEDU, KAITHAKKAL DESOM, KODUVILA MURI, EAST KALLADA VILLAGE, KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, EAST KALLADA THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3838 of 2008 ---------------------------------------- Dated this the 16th day of October 2008 O R D E R The petitioners, who face indictment in a prosecution for offences punishable inter alia under Section 308 read with 34 I.P.C; who have not arrested at the crime stage or thereafter by the police; who have not so far entered appearance before the committal court; against whom coercive processes have been issued by the learned Magistrate to procure their presence and who apprehend imminent arrest in execution of such processes have now 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 Sukumari v. State of Kerala [2001(1)KLT 22]) and to consider their application for bail to be filed by them when they surrender before the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. Crl.M.C.No.3838/08 2 2. Sufficient general directions have already been issued in Alice George and Sukumari (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 and Sukumari (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 petitioners. 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 petitioners for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.3838/08 3 Crl.M.C.No.3838/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008