IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Crl.MC.No. 4130 of 2008() ------------------------- CP.123/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... PETITIONER(S): ACCUSED NO.6:- ----------------------------- RAJU, AGED 22 YEARS, S/O. YOHANNAN, K.P.X/U/A-960, MENAMKULAM, THIRUVANANTHAPURAM. BY ADV. SRI.N.MAHESH RESPONDENT(S): COUNTER PETITIONER:- ----------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4130 of 2008 ------------------------------------- Dated this the 3rd day of November, 2008 ORDER Petitioner faces indictment as the 6th accused in a prosecution for offences punishable, inter alia, under Sections 120 B, 307 and 302 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal Proceedings has been registered. The petitioner was not arrested at the crime stage or thereafter. The petitioner has not entered appearance before the learned Magistrate in that committal proceedings. Consequently coercive processes have been issued against the petitioner. He finds such processes chasing him. The petitioner has 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 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. Crl.M.C. No.4130 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 petitioner. 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 petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-