IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 Crl.MC.No. 4179 of 2008() ------------------------- CC.212/2008 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA .................... PETITIONER(S): --------------- JOHNKUTTY, VELIYIL HOUSE, POLLETHAI P.O. ALAPPUZHA DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): --------------- 1. S.I. OF POLICE, ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA. 2. THE STATE OFKERLA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. M/S GURU JEWELLERS, MULLAKKAL , ALAPPUZHA, REP. BY ITS PROPRIETOR, GURUDAYAL M.P. BY P.P. SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4179 of 2008 ------------------------------------------------- Dated this the 5th day of November, 2008 ORDER The petitioner, who faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act; who had not appeared before the court on the first day i.e., on 18/10/08 against him a warrant of arrest has been issued and who apprehends imminent arrest in execution of coercive processes issued against him, 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 – on the date of surrender itself. Crl.M.C. No. 4179 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 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 on 18/10/08 shall not be executed till 25/11/08. On or before that date, the petitioner shall appear before the learned Magistrate and make appropriate application. 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. 4179 of 2008 -: 3 :-