IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.MC.No. 4108 of 2008() ------------------------- CRIME NO. 369/91 OF CBCID (CFS), KOZHIKODE CP.13/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... PETITIONER/A3: --------------- UDAYAKUMAR @ MANI, S/O. MARIAPPA KOUNDER AGED 49 YEARS, NADUPALAYAM MAHALIAMMAN STREET, COIMBATORE, TAMIL NADU. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4108 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2008 O R D E R The petitioner, who faces indictment in a prosecution for offences punishable, inter alia, under Sections 489 B & C r/w. 34 I.P.C.; who was enlarged on bail at the crime stage; who did not appear before the learned Magistrate after cognizance was taken on the alleged reason that no notice, process or summons of the court was served on him; against whom coercive processes have been issued by the learned Magistrate to procure his presence in the committal proceedings 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. 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. Crl.M.C.No. 4108 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 decisions cited above. 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 already issued. I have no reason to assume that the learned Magistrate shall not follow the decisions referred above. 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