IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Crl.MC.No. 4207 of 2008() ------------------------- CC.203/2008 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA .................... PETITIONER(S): IST ACCUSED -------------------------- JOHNKUTTY, VELIYIL HOUSE, POLLETHAI.P.O, ALAPPUZHA DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. S.I.OF POLICE, ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. MATHEW, S/O.JOSEPH, VALIAVETTIL HOUSE, MARARIKULAM.P.O, CHEDIKKADAMURI, ALAPPUZHA DIST. BY P.P. SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.4207 of 2008 ------------------------------------------------- Dated this the 6th day of November, 2008 ORDER The petitioner, who faces indictment in a prosecution for offences punishable under Secs.420 and 468 IPC; who was enlarged on bail at the crime stage; who thereafter did not get any process, notice or summons of court asking him to appear before the court below; against whom, after taking cognizance, coercive processes have been issued by the learned Magistrate to procure his presence 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 Crl.M.C. No.4207 of 2008 -: 2 :- – 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 (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. 3. In the peculiar facts and circumstances of this case, there shall be a direction that the warrant of arrest issued against the petitioner shall not be executed till the next date of posting i.e., 17/11/08. On or before that, the petitioner shall appear before the learned Magistrate and seek bail. 4. 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.4207 of 2008 -: 3 :- (R. BASANT, JUDGE) Nan/