IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Crl.MC.No. 3754 of 2008() ------------------------------------ ST. NO.2662/2006 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, KOTTAYAM. ....... PETITIONER/ ACCUSED -------------------- N.PRAKASHAN, VELAMMUTTU, AYARKUNNAM P.O., KOTTAYAM DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT/ STATE -------------------- THE STATE OF KERALA , REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3754 of 2008 ---------------------------------------- Dated this the 7th day of October 2008 O R D E R The petitioner, who faces indictment in a prosecution for offences punishable under Section 138 of the Negotiable Instruments Act; who had appeared before court, was enlarged on bail and participated in the proceedings till the stage of 313 examination; who has not been appearing before court thereafter and against whom a warrant of arrest has been issued by the learned Magistrate to procure his presence, 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 Jain Babu v. Joseph [2008(4) KLT 16] 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 Crl.M.C.No.3754/08 2 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 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. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.3754/08 3 Crl.M.C.No.3754/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008