IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.MC.No. 4110 of 2008() ------------------------- CP.104/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY .................... PETITIONER(S): --------------- 1. SRI. BINOY, S/O. KUTTAPPAN 'ASWANI NIVAS', KAVILPADAM DESOM PALAKKAD DIST. 2. SHRI. BONY, S/O. PAUL VITHAYATHIL HOUSE, ELAMKULAM VILLAGE KALOOR, ERNAKULAM DIST. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENTS/COMPLAINANT/STATE: ------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, MALA POLICE STATION REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. COCHIN-31. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4110 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2008 O R D E R The petitioners, who face indictment in a prosecution for offences punishable, inter alia, under Section 308 I.P.C.; who are students and who have not been arrested by the police at any stage so far; who have not appeared before the learned Magistrate after cognizance was taken on the alleged ground that no process was ever served on them; against whom coercive processes have been issued by the learned Magistrate to procure their presence and who apprehend imminent arrest have come to this court with this petition for issue of a direction under Section 482 Cr.P.C. to direct the Magistrate to consider their bail applications on merits, in accordance with law and expeditiously – on the date of surrender itself, in accordance with the dicta in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) and Sukumari v. State of Kerala (2001 (1) KLT 22). 2. I am not persuaded to agree that any special or specific direction deserves to be issued. Sufficient general directions Crl.M.C.No. 4110 of 2008 2 have already been issued by this Court in the decisions referred above. It is not necessary for this Court to issue directions under Section 482 Cr.P.C. to the Magistrate to comply with the directions issued already. Every court must do the same. If there be non-compliance, the avenues of challenge/complaint are available to the petitioners. 4. This application is accordingly dismissed, but with the above specific observations. (R. BASANT) Judge tm