IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 Crl.MC.No. 4764 of 2008() ------------------------- AGAINST THE ORDER IN LPR 103/2008 IN CC.674/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER/ACCUSED: --------------- BABU, S/O.SANKUNNY, CHAKKAYIL HOUSE, VARANTHARAPPILLY, KARAYAMPADAM. BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT --------------- 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 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4764 of 2008 ---------------------------------------- Dated this the 10th day of December 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable inter alia under Section 506 II read with 149 I.P.C. All the co-accused have been tried, found not guilty and acquitted. As the petitioner was not available for trial, the case against him was refiled and the same has been transferred to the list of long pending cases. Coercive processes have been issued against the petitioner to procure his presence. He apprehends imminent arrest in execution of such processes. 2. The petitioner has now 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. Crl.M.C.No.4764/08 2 3. 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. 4. In the result, this petition is dismissed subject to the above specific observations. 5. 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.4764/08 3 Crl.M.C.No.4764/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008