IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Crl.MC.No. 4473 of 2008() ------------------------- AGAINST THE ORDER IN LPC.61/2008,CC.833/2006 IN CC.198/2008 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): ACCUSED 1, 3 & 4 --------------- 1. SHADEER, S/O.MOIDEENKUNHI, ADKA HOUSE, K.K.ROAD, PERLA.P.O, KASARAGOD. 2. ASHARAF, S/O.YAKOOB, KANNADIKANA HOUSE, PERLA.P.O, KASARAGOD. 3. UMMER, S.O.KUNHAMU, BAJAKUDAL HOUSE, PERLA.P.O, KASARAGOD TALUK. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE --------------- THE STATION HOUSE OFFICER, BADIADKA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4473 of 2008 ------------------------------------- Dated this the 20th day of November, 2008 ORDER Petitioners face indictment in a prosecution for offences punishable, inter alia, under Section 3 of the Prevention of Damage to Public Property Act and Section 506 r/w 149 I.P.C. The petitioners have not been arrested so far at any stage. Cognizance has now been taken. The petitioners have not entered appearance. The case against them has been transferred to the list of Long Pending Cases. Coercive processes have been issued against the petitioners. The petitioners, who apprehend imminent arrest in execution of such processes, have now come to this Court with this petition praying for issue of directions under Section 482 Cr.P.C to the learned Magistrate to comply with the dictum in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and to consider their application for bail to be filed by them when they surrenders before the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. Crl.M.C. No.4473 of 2008 2 2. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am not satisfied that it is necessary for this Court in every subsequent case to issue directions under Section 482 Cr.P.C to the Magistracy to follow the dictum in Alice George v. The Deputy Superintendent of Police . Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioners. 3. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioners for production before the court below. (R.BASANT, JUDGE) rtr/-