IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 Crl.MC.No. 4043 of 2008() ------------------------- CC.89/2007 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER(S): ACCUSED: ---------------------------------------- ANEESHKUMAR,S/O.PARAMESWARAN NAIR, AGED 35 YEARS,'SOPANAM',ILLIKKAL.P.O, PERUMANNA, KOZHIKODE DISTRICT-673026. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): COMPLAINANT -STATE: --------------------------------------------------------------- STATE OF KERALA, REP:BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4043 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of October, 2008 O R D E R The petitioner, who faces indictment in a prosecution under the Copyright Act; who was arrested at the crime stage and released on bail; who had appeared before court and has got himself enlarged on bail after cognizance was taken, but unfortunately could not appear before the learned Magistrate on subsequent dates of posting on account of compulsion in relation to his employment; against whom coercive processes have now been issued by the learned Magistrate and who apprehends imminent arrest, has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that directions 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 – on the date of surrender itself. Crl.M.C.No. 4043 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 decision 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 decision 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