IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Crl.MC.No. 3948 of 2008() ------------------------------------ C.C. NO.1243/07 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, KOCHI. ..... PETITIONER: ACCUSED --------------- 1. M/S.WEST FORT ACADEMY FOR HIGHER EDUCATION, P.B. NO.803, WEST FORT, THRISSUR 680 004, TEP.BY ITS MANAGING PARTNER K.M.MOHANDAS. 2. K.M.MOHANDAS, MANAGING PARTNER, M/W.WEST FORT ACADEMY FOR HIGHER EDUCATION, P .B. NO.803, WEST FORT, THRISSUR 680 004. BY ADV. SRI.BRIJESH MOHAN RESPONDENTS: COMPLAINANAT&STATE ---------------------- 1. M/S.INDIA VISION SATELLITE COMMUNICATIONS LTD., 32/1787, 6TH FLOOR, TUTUS TOWER, PADIVATTOM N.H. BYE PASS ROAD, KOCHI 24, REP.BY ITS RESIDENT DIRECTOR, SRI.JAMALUDHEEN FAROOQUE. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3948 OF 2008 ----------------------------------------------- Dated this the 22nd day of October, 2008 O R D E R The petitioner who faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act; who had entered appearance and was enlarged on bail already; who could not appear before the learned Magistrate on a specific date of posting; whose application for exemption filed through counsel was dismissed by the learned Magistrate; against whom a warrant of arrest has thereafter been issued and who apprehends imminent arrest in execution of such warrant 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 Jain Babu V. Joseph [2008(4) KLT 16] 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 Crl.M.C. No. 3948 OF 2008 -:2:- 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. 3. It is submitted that the case has been posted to 25.10.08 and warrant of arrest issued against the petitioner must not be executed till that date. The said request is accepted. Non bailable warrant shall not be executed till that day. Petitioner can appear and claim exemption from appearance in the light of the decision in Jain Babu(supra). The learned Magistrate shall consider the same and pass appropriate orders. If such request is not allowed for any valid reasons, the learned Magistrate shall issue copy of the order to the petitioner forthwith and give the petitioner a further opportunity to appear and claim bail. 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 ttb Crl.M.C. No. 3948 OF 2008 -:3:- Crl.M.C. No. 3948 OF 2008 -:4:-