IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Crl.MC.No. 4233 of 2008() ------------------------- SC.255/2005 of ADDL. SESSIONS COURT, ALAPPUZHA .................... (CRIME NO.67/2000 OF PATTANAKKAD POLICE STATION) PETITIONER(S): ACCUSED NO.5: ------------------------------------------------- SURESHKUMAR, KURUNTHARASSERIL HOUSE, THALAYOLAPARAMBU, VAIKOM. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): COMPLAINANT AND STATE: ----------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PATTANAKKAD POLICE STATION, ALAPPUZHA DISTRICT. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4233 of 2008 ------------------------------------------------- Dated this the 7th day of November, 2008 ORDER The petitioner who as the 5th accused faces indictment in a prosecution for offences punishable, inter alia, under Sec.489B IPC; who had appeared before the learned Magistrate at the committal stage and was enlarged on bail; the case against whom has been committed to the Court of Session and is pending before the Additional Sessions Court; who has not been able to appear before the Sessions Court till now on account of alleged compulsions of his employment; against whom coercive processes have been issued by the learned Magistrate and who apprehends imminent arrest, has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that direction may be issued to ensure that the Crl.M.C. No. 4233 of 2008 -: 2 :- dicta in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) and Sukumari v. State of Kerala (2001 (1) KLT 22) are complied with and that the petitioner's application for regular bail is considered on merits, in accordance with law and expeditiously – on the date of surrender itself. 2. I am not persuaded to agree that any special or specific direction deserves to be issued. Sufficient general directions have already been issued by this Court in the decision in Alice George and Sukumari (supra). I am not satisfied that any special or separate direction deserves to be issued in each case to the learned Magistrate to comply with the directions in Alice George and Sukumari (supra). I have no reason to assume that the learned Magistrate shall not follow the decision in Alice George and Sukumari (supra). If there be non-compliance, the avenues of challenge/complaint are available to the petitioner. 3. This application is dismissed, but with the above specific observations. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4233 of 2008 -: 3 :-