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. 3803 of 2008() ------------------------- CP.104/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY .................... PETITIONER/A7: --------------- RAJU DAVIS, ADVOCATE, AGED 49 YEARS, S/O.DAVIS, PAREPADDAN HOUSE, VADANA VILLAGE, MALA DESOM, MUKUNDAPURAM TALUK, TRICHUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT(S): --------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3803 of 2008 ---------------------------------------- Dated this the 14th day of October 2008 O R D E R The petitioner, an advocate, who faces indictment in a prosecution for offences punishable inter alia under Sections 326 and 308 read with 149 I.P.C.; who has been granted anticipatory bail at the crime stage by orders of the learned Sessions Judge; who has not been arrested by the police in the course of investigation; against whom cognizance has been taken on the basis of a final report submitted by the police; against whom the learned Magistrate had exercised his discretion under Section 204 Cr.P.C to issue only a summons and not a warrant; who had in pursuance of the said summons appeared before the learned Magistrate through counsel and applied for time; whose such application was dismissed by the learned Magistrate and against whom a warrant of arrest has been issued by the learned Magistrate to procure his presence, 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 Crl.M.C.No.3803/08 2 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 not be done. If the directions are not complied with the avenues of challenge/complaint are available for the petitioner. 3. In the result, this petition is dismissed subject to the above specific observations. 4. In the peculiar facts and circumstances of this case, I am satisfied that a direction can be issued under Section 482 Cr.P.C that the petitioner must surrender before the learned Magistrate on or before 24/10/2008 and that coercive processes issued against the petitioner shall not be executed till that date. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.3803/08 3 Crl.M.C.No.3803/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008