IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Crl.MC.No. 4450 of 2008() ------------------------- CC.1900/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER(S): ACCUSED: ----------------------------------------- SUNNY, S/O.MATHAI, MODERN SIGNS SYSTEM, JEW STREET (EAST END) OPP.PADMA THEATRE, KOCHI – 35. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): RESPONDENTS: ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.G.BAHULEYAN PILLAI, AGED 57, S/O.GOPALA PILLAI, B-1 FLAT NO.35, FACT TOWNSHIP, UDYOGAMANDAL, KOCHI. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB – R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4450 of 2008 ------------------------------------- Dated this the 19th day of November, 2008 ORDER Petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. He had entered appearance and was enlarged on bail as he was not available on a date to which the case was posted for trial and his counsel was not represented to go on with the trial, the learned Magistrate has issued non bailable warrant against the petitioner. The petitioner apprehends imminent arrest. 2. The petitioner has now got to surrender before the learned Magistrate and seek regular bail. The petitioner is willing to do the same. But he apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself in the light of the dictum in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 3. 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 Crl.M.C. No.4450 of 2008 2 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 petitioner. 4. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 5. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-