IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Crl.MC.No. 4275 of 2008 ---------------------------------- ( CRIME NO. 258/08 OF PAZHAYANNOOR POLICE STATION) .................... PETITIONERS/ ACCUSED 1 & 2 (NOT IN CUSTODY): ------------------------------------------------------------------------- 1. KUTTAN @ JAYAN, AGED 27 YEARS, S/O. MADHAVAN, ANGALOOR HOUSE,MAYANNOOR, TALAPPILLY TALUK, THRISSUR DISTRICT. 2. VINOD KUMAR, AGED 33 YEARS, S/O. MADHAVAN, ANGALOOR HOUSE, MAYANNOOR, TALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA / S.I. OF POLICE, PAZHAYANNOOR POLICE STATION, PAZHAYANNOOR, THRISSUR, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZER. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J ------------------------------------ Crl.M.C. No.4275 of 2008 ------------------------------------- Dated this the 10th day of November, 2008 ORDER Petitioners, who as accused 1 and 2, face indictment for offences punishable, inter alia, under Section 326 I.P.C; whose application for anticipatory bail stands dismissed by another Bench of this Court; who have not challenged the order dismissing the application for anticipatory bail and have not surrendered before the Investigating Officer or the learned Magistrate so far, and who apprehend imminent arrest, have come before 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 their application for bail to be filed by them when they surrender before the learned Magistrate on merits, in accordance with law and expeditiously. 2. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am not satisfied that it is necessary for Crl.M.C. No.4275 of 2008 2 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 petitioners. 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 petitioners for production before the court below. (R.BASANT, JUDGE) rtr/-