IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Crl.MC.No. 3525 of 2008() ------------------------- CC.1114/2005 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI NOW PENDING AS LP 18/08 .................... PETITIONER(S): PETITIONER ------------------------- JOHNSON @ JAISON M.L. S/O. LAWRANCE AGED 44 YEARS, MALIYEKKAL HOUSE, PD. ROAD PALLURUTHY. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS(S): COMPLAINANT --------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3525 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of September, 2008 O R D E R The petitioner, who faces indictment for offences punishable, inter alia, under Section 380 I.P.C., who has not been arrested at any stage so far, against whom a warrant of arrest is pending and whose case has been transferred to the list of long pending cases, 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. 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 Crl.M.C.No. 3525 of 2008 2 direction deserves to be issued in each case to the learned Magistrate to comply with the directions in Alice Georg (supra). I have no reason to assume that the learned Magistrate shall not follow the decision in Alice Georg (supra). 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. 5. Hand over the order to the learned counsel for the petitioner for production before the learned Magistrate. (R. BASANT) Judge tm