IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 Crl.MC.No. 4026 of 2008() ------------------------- CC.117/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... (CRIME NO.324/03 OF WALAYAR POLICE STATION) PETITIONER(S): ACCUSED NO.4: -------------------------------------------------- MUHAMMED ASLAM, S/O.M.V.MOOSA, CHUNGAM, PAPPINISSERY, KANNUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.M.RAVIKRISHNAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I OF WALAYAR POLICE STATION. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4026 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of October, 2008 O R D E R The petitioner, who faces indictment for offences punishable, inter alia, under Sections 353 r/w. 149 I.P.C.; against whom all allegations made were all bailable offences only at the time of commission of the offences; who has not been arrested or released on bail so far, against whom cognizance has already been taken by the learned Magistrate; against whom coercive processes have now been issued, despite the fact that a further enquiry under Section 173(8) Cr.P.C. has been ordered and further report is awaited and who apprehends imminent arrest in execution of such processes 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 dictum in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) is 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. Crl.M.C.No. 4026 of 2008 2 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 (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 (supra). I have no reason to assume that the learned Magistrate shall not follow the decision in Alice George (supra). If there be non-compliance, the avenues of challenge/complaint are available to the petitioner. 4. This application is dismissed, but with the above specific observations. (R. BASANT) Judge tm