IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 Crl.MC.No. 4096 of 2008() -------------------------------------- C.C.NO.366/06 OF JUDICIAL FIRST CLASS MAGISTRATE, ALATHUR ................. (CRIME NO.21/06 OF NENMARA POLICE STATION) PETITIONER(S): ACCUSED NO.1: -------------------------------------------------- T.A.JOY, S/O.ELIYAS, NANDILACKAL HOUSE, NELLIPPADAM, NENMARA. BY ADV. SRI.P.VIJAYA BHANU SRI.JOHNSON VARIKKAPPALLIL RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTED BY S.I. OF POLICE, NENMARA POLICE STATION. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4096 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of October, 2008 O R D E R The petitioner, who faces indictment in a prosecution for offences punishable, inter alia, under Section 420 and 468 I.P.C.; who was enlarged on bail at the crime stage and later by the court after cognizance was taken; who had appeared before court promptly on all dates of posting; who could not appear before the learned Magistrate on a date when the case was posted for framing charges allegedly on account of the compulsions of his employment; against whom coercive processes have been issued by the learned Magistrate; who continues to be in default in appearance from 27.5.2008 and who apprehends imminent arrest, has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that directions 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. Crl.M.C.No. 4096 of 2008 2 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 cited above. I am not satisfied that any special or separate direction deserves to be issued in each case to the learned Magistrate to comply with the directions already issued. I have no reason to assume that the learned Magistrate shall not follow the decision referred above. If there be non- compliance, the avenues of challenge/complaint are available to the petitioner. 3. I accept the request of the learned counsel for the petitioner and in the peculiar facts and circumstances of this case there shall be a direction that coercive processes issued against the petitioner shall not be executed till 5.11.2008. On or before that date, the petitioner shall appear before the learned Magistrate and seek regular bail. 4. This application is dismissed, but with the above specific observations/directions. 5. Hand over the order. (R. BASANT) tm Judge Crl.M.C.No. 4096 of 2008 3