IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 Crl.MC.No. 4665 of 2008() ------------------------- CRIME NO.52/1995 OF POOVAR POLICE STATION PETITIONER/2ND ACCUSED: --------------- GILBERT, AGED 46, S/O.MARGARIS, GINGLE COTTAGE, ERIKAVILA, POOVAR. BY ADV. SRI.R.T.PRADEEP RESPONDENT: --------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4665 of 2008 ---------------------------------------- Dated this the 2nd day of December 2008 O R D E R There is no representation for the petitioner. I have gone through the records. The petitioner faces indictment in a prosecution for offences punishable inter alia under Section 3 and 5 of the Explosive Substances Act. He is the 2nd accused. The petitioner was not available till the completion of trial. The case against him has been split up and refiled. The case now stands transferred to the list of long pending cases. Coercive processes have been issued by the learned Magistrate to procure his presence. The petitioner apprehends imminent arrest in execution of such processes. 2. The petitioner has now 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 accordance with law and expeditiously - on the date of surrender itself. Crl.M.C.No.4665/08 2 3. 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. 4. 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.4665/08 3 Crl.M.C.No.4665/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008