IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Crl.MC.No. 3762 of 2008() ------------------------- CC.51/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... PETITIONERS: ACCUSED NO.2 ---------------------------------- PUTHALATH RAMESHAN, S/O.NARAYANAN, ALAGAPURI, P.O.KADAMBUR, (VIA) EDAKKAD, KANNUR - 670 663. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: STATE & COMPLAINANT -------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MINEESH, S/O.NARAYANAN, MURALI NIVAS, KADAMBOOR AMSOM, DESOM, KANNUR DISTRICT. R1 BY PUBLIC PROSECUTOR, SRI.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3762 OF 2008 ----------------------------------------------- Dated this the 13th day of October, 2008 O R D E R The petitioner, who along with the co-accused faced indictment in a prosecution alleging offences punishable inter alia under Section 427 read with Section 149 IPC; who was not available in India when the co-accused faced trial and were found not guilty and acquitted, the case against whom has been split up and re-filed; against whom coercive processes have been issued by the learned Magistrate to procure his presence in the split up case and who apprehends arrest in execution of such processes 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 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 Crl.M.C. No. 3762 OF 2008 -:2:- 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. There is an interesting further prayer. Counsel prays that there may be a direction to the learned Magistrate to expeditiously dispose of the case against the petitioner and that personal exemption may be granted to him to appear through pleader. It is for the petitioner to first appear before the learned Magistrate and claim regular bail. After so securing bail, the petitioner can apply before the learned Magistrate for exemption from personal appearance and also for expeditious disposal of the case against him. The learned Magistrate must consider such request and pass appropriate orders on merits expeditiously. 4. In the result, this petition is dismissed subject to the above specific observations. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. R. BASANT, JUDGE ttb Crl.M.C. No. 3762 OF 2008 -:3:- Crl.M.C. No. 3762 OF 2008 -:4:-