IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Crl.MC.No. 4244 of 2008() ------------------------- SC.288/2006 of ASSISTANT SESSIONS COURT, KASARAGOD .................... (CRIME NO.347/2005 OF BEKAL POLICE STATION) PETITIONER:5TH ACCUSED: ------------------------------------------- MOHAMMED JALEEL @ JALEEL AGED 35 YEARS, JAMAL MANZIL, THEKKEKUNNU, KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF' KERALA, REPRESENTING THE S.H.O.BEKAL. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4244 of 2008 ------------------------------------------------- Dated this the 7th day of November, 2008 ORDER The petitioner, who faces indictment as the 5th accused in a prosecution for offences punishable, inter alia, under Sec.308 read with Sec.149 IPC; who was enlarged on bail at the crime stage; against whom cognizance has been taken on the basis of a final report submitted by the police; who has not been appeared before the learned Magistrate allegedly on account of compulsion of his employment abroad; against whom coercive processes have been issued by the learned Magistrate and who apprehends imminent arrest, has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that direction may be issued to ensure that the dicta in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) and Sukumari v. Crl.M.C. No. 4244 of 2008 -: 2 :- State of Kerala (2001 (1) KLT 22) are complied with and that the petitioner's application for regular bail is considered on merits, in accordance with law and expeditiously – on the date of surrender itself. 2. I am not persuaded to agree that any special or specific direction deserves to be issued. Sufficient general directions have already been issued by this Court in the decision in Alice George and Sukumari (supra). I am not satisfied that any special or separate direction deserves to be issued in each case to the learned Magistrate to comply with the directions in Alice George and Sukumari (supra). I have no reason to assume that the learned Magistrate shall not follow the decision in Alice George and Sukumari (supra). If there be non-compliance, the avenues of challenge/complaint are available to the petitioner. 3. This application is dismissed, but with the above specific observations. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4244 of 2008 -: 3 :- HO