IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Crl.MC.No. 4393 of 2008() ------------------------- L.P.C.96/08 IN CC.669/2007 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): ACCUSED --------------- JUNAID A.K. S/O.KUNHALI A.K., AGED 21 YEARS BUSINESS, NOW RESIDING AT JUMA MASJID ROAD, ADKATHBAIL, KASARAGOD DISTRICT. BY ADV. SRI.MAHESH V RAMAKRISHNAN RESPONDENT(S): --------------- 1. C.SUDHISH S/O.CHJANDRASHEKHARA, AGED 18 YEARS MASON, KELUKUNNU HOUSE,KELUKUNNU, KUDLU VILLAGE KASARGOD DISTRICT. 2. K.ANILKUMAR S/O.NARAYANAN, AGED 23 YEARS KELUGODDE HOUSE, KELUGUDDE , KUDLU VILLAGE KASARGOD DISTRICT. 3. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4393 of 2008 ------------------------------------- Dated this the 17th day of November, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 153 A I.P.C. He was never arrested at the crime stage. After cognizance was taken, the petitioner has not appeared before the learned Magistrate so far. Some of the co-accused, who were available for trial, have been found not guilty and acquitted. It is submitted that there has been settlement of the disputes between the accused and the alleged victims. Consequent to non appearance of the petitioner, coercive processes have been issued against the petitioner. The petitioner, who apprehends imminent arrest in execution of such processes, has come to this Court with this petition praying for issue of directions under Section 482 Cr.P.C to the learned Magistrate to comply with the dictum in Alice George v. The 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.4393 of 2008 2 2. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am not satisfied that it is necessary for this Court in every subsequent case to issue directions under Section 482 Cr.P.C to the Magistracy to follow the dictum in Alice George v. The Deputy Superintendent of Police . Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioner. 3. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioners for production before the court below. (R.BASANT, JUDGE) rtr/-