IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Crl.MC.No. 4146 of 2008() ------------------------- SC.334/2001 of ASSISTANT SESSIONS COURT, PAYYANNUR .................... PETITIONER(S): --------------- M.K.WAHAB, AGED 35 YEARS, S/O.MUHAMMED KUNHI RAMANTHALI, KANNUR. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4146 of 2008 ---------------------------------------- Dated this the 4th day of November 2008 O R D E R The petitioner faces indictment as 3rd accused in a crime for offences punishable inter alia under Section 307 read with 149 I.P.C. Some of the co-accused have already been found not guilty and acquitted. But the petitioner has not appeared before the court so far. He submits that he was employed abroad and that is the reason why he could not appear before the learned Magistrate so far. Committal proceedings have been registered. The case against the petitioner has been split up and is pending before the Sessions Court, it is submitted. Coercive processes have been issued by the learned Magistrate to procure the presence of the petitioner and 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 Crl.M.C.No.4146/08 2 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 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. Needless to say, such application for bail shall be considered in the light of the decision in Sukumari v. State of Kerala [2001(1)KLT 22]). 4. 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.4146/08 3 Crl.M.C.No.4146/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008