IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 Crl.MC.No. 4199 of 2008() ------------------------- CC.121/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD CRIME NO.27/04 OF PALAKKAD SOUTH POLICE STATION .................... PETITIONER(S): ACCUSED NO.9 --------------------------- SASI MENON, AGED 40 YEARS, S/O.LATE PADMANABHAN NAIR, PATTANI THERUVU, NOORANI, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY S.I OF POLICE, PALAKKAD SOUTH POLICE STATION, PALAKKAD DISTRICT REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4199 of 2008 ------------------------------------- Dated this the 5th day of November, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 353 r/w 149 I.P.C. Investigation is complete. Final report has already been filed. Calendar Case has been registered. The petitioner has not been arrested at the crime stage or thereafter. According to the petitioner, the petitioner had no inkling that he will be arrayed as an accused in this case. The learned Magistrate has now issued coercive processes against the petitioner. The petitioner has now 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.4199 of 2008 2 [2003(1) KLT 339]. 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 . 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/-