IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Crl.MC.No. 3939 of 2008 ---------------------------------- ( CRIME NO. 691/08 OF KASARAGOD POLICE STATION) ............. PETITIONERS/ ACCUSED 1, 2, 3, 5 6 7 & 9: ------------------------------------------------------------ 1. KABEER KADAMBALLA, S/O. MOHAMMAD KURIKKAL, R/AT KADAMBARLA HOUSE, PERUMBALA, KASARAGOD. 2. MOHAMMAD ALI, S/O. ABDUL RAHIMAN, R/AT KOLIYADKAM, P.O. PERUMBALA, KALANAD, KASARAGOD. 3. JABBAR LAXAMVEED @ THAJUDDEN, S/O. ABDUL RAHIMAN, R/AT KOLIYADKAM, KALANAD, KASARAGOD. 4. IRSHAD BAMDAD, S/O. THMED ALI, R/AT BANDAD HOUSE, PAYAVALAP HOUSE, P.O. THEKKIL, KASARAGOD. 5. HASHIM BANDAD, S/O. ABBAS, R/AT KOPPA HOUSE, BANDAD, P.O. THEKKIL, KASARAGOD. 6. ANWAR KOLIYADKAM, S/O. MOIDEEN KUTTY, R/AT KODKAM HOUSE, P.O. PERUMBALA, KASARAGOD. CRLM.C. NO. 3939/2008: 7. SHAHUL HAMEED, S/O. UBAID, R/AT MANHAMGAD HOUSE, P.O. PERUMBALA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON, ADV. SMT.GOVINDU P.RENUKADEVI. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.3939 of 2008 ---------------------------------------- Dated this the 22nd day of October 2008 O R D E R The petitioners, who face allegations in a crime registered for offences punishable inter alia under Section 308 read with 149 I.P.C; against whom investigation is in progress; who have not been arrested yet; who have not sought anticipatory bail from any court and who apprehend imminent arrest have come to this court with the prayer that directions under Section 482 Cr.P.C may be issued to the learned Magistrate to comply with the directions in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339] and to consider his application for bail to be filed by him when he surrenders before the learned Magistrate on merits, in accordance with law and expeditiously. 2. 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 Crl.M.C.No.3939/08 2 with the avenues of challenge/complaint are available for the petitioners. 3. In the result, this petition is dismissed subject to the above specific observations. 4. Hand over copy of this order to the learned counsel for the petitioners for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.3939/08 3 Crl.M.C.No.3939/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008