IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Crl.MC.No. 3810 of 2008() ------------------------- AGAINST THE ORDER IN CC. 49 /2007 IN CC.269/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD .................... PETITIONER: ACCUSED NO.1: --------------------------------------------- NIZAMUDDIN, S/O.KUNHI MAHIN KUTTY HAJI, AGED 28 YEARS, BUSINESS, NOW RESIDING AT KAMBAR, P.O.BADIYADUKKA, KASARAGOD DISTRICT. BY ADV. SRI.MAHESH V. RAMAKRISHNAN RESPONDENTS: DEFACTO COMPLAINANT & STATE: ------------------------------------------------------------------------------ 1. V.M.SALAHUDDIN, S/O.MAMMUNHI, AGED 28 YEARS, KADUVA HOUSE, KAMBAR, SIRIBAGILU VILLAGE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3810 OF 2008 ----------------------------------------------- Dated this the 14th day of October, 2008 O R D E R The petitioner who is one of the three accused persons in a prosecution for offences punishable under Section 341, 323 and 506 (2) read with 34 IPC (all bailable); who was enlarged on bail at the crime stage; who had later not appeared before the learned Magistrate; to procure whose presence coercive processes have already been issued by the learned Magistrate and who apprehends imminent arrest has 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 - on the date of surrender itself. 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 Crl.M.C. No. 3810 OF 2008 -:2:- not be done. If the directions are not complied with the avenues of challenge/complaint are available for the petitioner. 3. Learned counsel for the petitioner submits that the marriage of the petitioner is scheduled to take place this month and there may be directions issued in favour of the petitioner to facilitate his surrender before the learned Magistrate without the threat and risk of his being arrested and dragged to court by the police. In the peculiar facts and circumstances of this case, I am satisfied that a direction can be issued in favour of the petitioner. It is hence directed that coercive processes issued against the petitioner shall not be executed, till 28.10.08 on or before which date the petitioner shall surrender before the learned Magistrate and seek regular bail. 4. In the result, this petition is dismissed subject to the above specific observations/direction. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. R. BASANT, JUDGE ttb Crl.M.C. No. 3810 OF 2008 -:3:- Crl.M.C. No. 3810 OF 2008 -:4:- Crl.M.C. No. 3810 OF 2008 -:5:-