IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 35437 of 2008() ------------------------- S.C.NO.2084/2008 OF ADDITIONAL DISTRICT & SESSIONS COURT, (FAST TRACK COURT-I), TRIVANDRUM. PETITIONER/7TH ACCUSED: --------------- SUNIL KUMAR ALIAS SUDHI, MADHUSOODANA VILASAM, PARAYANKARIKKAKAM, ANAKUDY P.O. VAMANAPURAM, TRIVANDRUM. BY ADV. SRI.V.G.ARUN RESPONDENT/COMPLAINANT --------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. GOVERNMENT PLEADER SRI.S.U.NAZER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.35437 of 2008 ---------------------------------------- Dated this the 2nd day of December 2008 J U D G M E N T The petitioner along with the co-accused faces allegations in a prosecution for offences punishable inter alia under Section 307 read with 149 I.P.C. The case was committed to the court of Session. The petitioner had entered appearance and was enlarged on bail. The petitioner was not available for trial as he had gone abroad. The accused who faced trial were found not guilty and acquitted by the learned Sessions Judge. The case against the petitioner was split up and refiled. Coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. He was abroad and was hence disabled and could not appear before the learned Sessions Judge. The petitioner is now willing to surrender before the learned Sessions Judge and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Sessions Judge on merits, in W.P.C.No.35437/08 2 accordance with law and expeditiously - on the date of surrender itself. 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. The learned counsel for the petitioner submits that the marriage of the petitioner is scheduled to take place on 07/12/2008. In these circumstances, the petitioner is unable to appear before the learned Sessions Judge before that date. He prays that appropriate directions may be issued to avoid the threat and risk of his arrest and the consequent inconvenience to him. Ext.P2 has been produced, that is the marriage invitation of the marriage which is scheduled to take place on 07/12/2008. I am satisfied, in these circumstances, that there can be an interim direction that the warrant of arrest issued against the W.P.C.No.35437/08 3 petitioner shall not be executed till 15/12/2008. On or before that date, the petitioner shall surrender before the learned Sessions Judge and seek regular bail. 5. The petitioner wants to claim discharge after his appearance. Needless to say, he can, after appearance before the learned Sessions Judge, seek discharge under Section 227 Cr.P.C. The plea of discharge shall be considered expeditiously - on merits by the learned Sessions Judge. 6. In the result, this petition is dismissed subject to the above specific observations. 7. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr W.P.C.No.35437/08 4 W.P.C.No.35437/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007