IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Crl.MC.No. 3975 of 2008 ---------------------------------- ( CRIME NO. 1018/06 OF KOTTARAKKARA POLICE, NOW PENDING BEFORE THE JFCM NO.I, KOTTARAKKARA) ............. PETITIONER(S): ----------------------- 1. GOPALAKRISHNAN @ SANTHOSH, S/O. MADHAVAN, PUTHENVILA VEETTIL, AMPALATHUMVILA JUNCTION, VALAKOM MURI, VALOKOM VILLAGE, KOTTARAKARA. 2. PRASAD, S/O. MADHAVAN, PUTHENVILA VEETTIL, AMPALATHUMVILA JUNCTION, VALAKOM MURI, VALOKOM VILLAGE, KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, KOTTARAKARA POLICE STATION, KOTTARAKARA. BY PUBLIC PROSECUTOR SRI. S.U. NAZER. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.3975 of 2008 ---------------------------------------- Dated this the 23rd day of October 2008 O R D E R The petitioners, who face indictment in a prosecution for offences punishable under Sections 324 and 294(b) read with 34 I.P.C; who have not been arrested and released on bail yet; against whom cognizance has been taken by the learned Magistrate; reckoning them as absconding accused; against whom coercive processes have been issued by the learned Magistrate to procure their presence and who apprehend imminent arrest in execution of such processes have 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 their application for bail to be filed by them when they surrender 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 Crl.M.C.No.3975/08 2 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 petitioners. 3. In the result, this petition is dismissed subject to the above specific observations. Hand over copy of this order to the learned counsel for the petitioners for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.3975/08 3 Crl.M.C.No.3975/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008