IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Crl.MC.No. 4157 of 2008() ------------------------- S.C.NO.813/2005 OF PRINCIPAL ASSISTANT SESSIONS COURT, THALASSERY PETITIONER(S): --------------- PRIYESH.C. AGED 28 YEARS AKSHARA, PERUVALATHU PARAMBA PO., IRIKKUR, KANNUR. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT(S): --------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR HIGHCOURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4157 of 2008 ---------------------------------------- Dated this the 4th day of November 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 395 I.P.C. He was enlarged on bail. The case against him was committed and the Sessions case has been registered. The petitioner had gone abroad and therefore he could not hence appear before the learned Sessions Judge. Coercive processes have hence been issued by the learned Magistrate against the petitioner to procure his presence. The petitioner apprehends imminent arrest in execution of such processes and has 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. Crl.M.C.No.4157/08 2 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 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) jsr Crl.M.C.No.4157/08 3 Crl.M.C.No.4157/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008