IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Crl.MC.No. 4387 of 2008() ------------------------- CP.51/2008 of JUDL.MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA CRIME NO.70/05 OF SOORANAD POLICE STATION .................... PETITIONER(S): ACCUSED -A 13 ---------------------------- LINU, AGED 19 YEARS, S/O.RAJAN LINU BHAVANAM, PALLI MURI, PORUVAZHY VILLAGE, KUNNATHUR, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4387 of 2008 ------------------------------------- Dated this the 17th day of November, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 307 I.P.C. The petitioner, it is submitted, was not arrayed as an accused in the F.I.R. He was blissfully ignorant of his being arrayed as accused in the said crime. Investigation is now complete. Final report has been filed. Committal Proceedings has been registered. Reckoning the petitioner as an absconding accused, coercive processes have been issued against him. The petitioner, who finds such processes chasing him, has come to this Court with this petition praying for issue of directions under Section 482 Cr.P.C to the learned Magistrate to comply with the dictum in Alice George v. The 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 v. The Deputy Superintendent of Police Crl.M.C. No.4387 of 2008 2 [2003(1) KLT 339] and Sukumari v. State of Kerala [2001(1) K.L.T 22]. I am not satisfied that it is necessary for this Court in every subsequent case to issue directions under Section 482 Cr.P.C to the Magistracy to follow the dictum in Alice George v. The Deputy Superintendent of Police and Sukumari v. State of Kerala [2001(1) K.L.T 22]. Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioner. 3. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-