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. 3945 of 2008() ------------------------------------ CP. NO.61/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA. ...... PETITIONER: 2ND ACCUSED ------------------- ANILKUMAR @ AJITH, PUTHARIYIL VEEDU, ALAMTHURUTHI MURI, PERINGARA. BY ADV. SRI.T.P.PRADEEP RESPONDENT: --------------------- THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER 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. 3945 OF 2008 ----------------------------------------------- Dated this the 22nd day of October, 2008 O R D E R Petitioner who faces indictment as 2nd accused in a prosecution under Section 436 read with Section 34 IPC; who has not been arrested on any earlier stages in the proceedings; against whom cognizance has been taken and reckoning him as absconding accused; coercive processes have been issued by the learned Magistrate in the committal proceedings and who apprehends imminent arrest in execution of such processes, 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 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 subsequent case to issue directions to the Magistracy to follow the Crl.M.C. No. 3945 OF 2008 -:2:- 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. In the result, this petition is dismissed subject to the above specific observations. 4. 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. 3945 OF 2008 -:3:- Crl.M.C. No. 3945 OF 2008 -:4:-