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. 4120 of 2008() ------------------------- C.C.347/06, L.P.C.103/06 (ORIGINAL CASE CC.523/2002) of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): ACCUSED ---------------------- M.A.NOUSHAD, S/O.M.A.ABDUL RAHIMAN, AGED 26 YEARS,BUSINESS NOW RESIDING AT MARUTHAM VAYAL HOUSE,P.O.KALLKATTA VIDYANAGAR,KASARAGOD DISTRICT. BY ADV. SRI.MAHESH V RAMAKRISHNAN RESPONDENT(S): STATE -------------------- 1. BEEFATHIMA, W/O.ABDURAHIMAN.A.M, AGED 45 YEARS HOUSE WIFE, RESIDING AT MULLAMPADI HOUSE, MUTTATHODI VILLAGE, KASARAGOD. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4120 of 2008 ------------------------------------- Dated this the 7th day of November, 2008 ORDER Petitioner as the 9th accused faces indictment in a prosecution for offences punishable, inter alia, under Section 324 r/w 149 I.P.C. The petitioner has not entered appearance. The case against him has been split up and transferred to the list of Long Pending Cases. Some of the co-accused, who faced trial, have already been found not guilty and acquitted. 2. Though there is a submission that the matter has been settled between the parties, the same has not been substantiated. The counsel submits that the same shall be substantiated before the court below. The learned Public Prosecutor after taking instructions submits that the case against the petitioner has not been compounded. 3. Be that as it may, the learned counsel for the petitioner now makes only one request. He prays that directions under Section 482 Cr.P.C may be issued to the learned Magistrate to comply with the dictum in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and to Crl.M.C. No.4120 of 2008 2 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. 4. 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. 5. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 6. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-