IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Crl.MC.No. 4428 of 2008() ------------------------- ST.3307/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER/ACCUSED: ------------------------------ K.A. RAMACHANDRAN SHENOY S/O. ACHUTHASHENOY, RADHA NIVAS MUDAPPALLOOR AMSOM, ALATHUR TALUK. BY ADV. SRI.K.ANAND RESPONDENT/COMPLAINANT & STATE: ------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31. 2. RAMAKRISHNAN, S/O. CHIDAMBARAN MUTHALI VADAKKEPAVADY, PAZHAMBALAKODA AMSOM DESOM, ALATHUR TALUK. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4428 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2008 O R D E R The petitioner, who faces indictment in a prosecution under Section 138 of the N.I. Act, who has not been entered appearance before the learned Magistrate; 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 dictum in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) is 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 (supra). I am not satisfied that any special or separate Crl.M.C.No. 4428 of 2008 2 direction deserves to be issued in each case to the learned Magistrate to comply with the directions in Alice George (supra). I have no reason to assume that the learned Magistrate shall not follow the decision in Alice George (supra). If there be non-compliance, the avenues of challenge/complaint are available to the petitioner. 4. This application is dismissed, but with the above specific observations. 5. Hand over the order. (R. BASANT) Judge tm