IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Crl.MC.No. 4320 of 2008() ------------------------- CC.2702/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER(S): ACCUSED NO.1 & 2: -------------------------------- 1. ABRAHAM KURIAN, GENERAL MANAGER(FORMER) M/S.DELTA PIPES, INDUSTRIAL DEVELOPMENT PLOT, POOVANTHURUTHU, KOTTAYAM. RESIDING AT MUTHALANGERIL HOUSE, VAKATHANAM P.O., KOTTAYAM. 2. ANITHA ABRAHAM KURIAN, MANAGING PARTNER (FORMER), M/S.DELTA PIPES, MUTHALANGERIL HOUSE, VAKATHANAM P.O., KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): COMPLAINANT AND STATE: ------------------------------------- 1. C.R.MOHANAN PILLAI, PROPRIETOR, M/S.DEEPA & DEEPU SONS, RAMANI NILAYAM, PATTATHIL, KANNIMMEL WARD, PULIYATHUMUKKU, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4320 of 2008 ---------------------------------------- Dated this the 13th day of November 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable under Section 420 read with 34 I.P.C. Cognizance has already been taken. The petitioners had appeared before the learned Magistrate. They were enlarged on bail; but consequent to non-appearance before the learned Magistrate later, the learned Magistrate has issued coercive processes to procure the presence of the petitioners. The petitioners apprehend imminent arrest in execution of such processes. The petitioners have 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 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.4320/08 2 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. 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.4320/08 3 Crl.M.C.No.4320/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008