IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Crl.MC.No. 3643 of 2008() ------------------------- CC.562/2008 of J.F.C.M, KOLENCHERY .................... PETITIONER(S): ACCUSED ---------------------- MR.M.P.KUTTAPPAN, S/O.LATE PUTHENKAVI, AGED 39 YEASRS, MANACKAKKUDIYIL HOUSE, PANKODU KARA, PANKODE.P.O, ERNAKULAM DISTRICT. BY ADV. SRI.G.G.MANOJ SRI.JAICE JACOB SRI.P.M.BENZIR RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. T.A.MANJU, D/O.AYYAPPAN,THOZHTHUMPATTU HOUSE, VENKIDA KARA, PUTHENCRUZ. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3643 of 2008 ---------------------------------------- Dated this the 29th day of September 2008 O R D E R The petitioner who, along with the co-accused, faced indictment in a prosecution for offence punishable under Section 498A I.P.C; who has never been arrested or enlarged on bail in this case at any stage and against whom a warrant of arrest has been issued by the learned Magistrate to procure his presence, has come to this court nowwith 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 dictum in Alice George (Supra). Every court is bound to do the same. I have no reason to assume that Crl.M.C.No.3643/08 2 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.3643/08 3 Crl.M.C.No.3643/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008