IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Crl.MC.No. 3824 of 2008() ---------------------------------- CRIME NO.27/2008 OF ADOOR POLICE STATION, CP. NO.191/08 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KASARGOD. .... PETITIONERS: ACCUSED. --------------------- 1. ROUGUF, S/O.MOHAMMED KUNHI, BALANDUKKAM, MILLARIYA,KASARAGOD. 2. ZAMEER B.M, S/O.B.M.ABOOBAKKAR, MOOLADUKKA,MILLARIYA,KASARAGOD. 3. SHAREEF,S/O.ABOOBAKKAR, POVVAL,MILLARIYA,KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT/COMPLAINANT. --------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3824 of 2008 ------------------------------------------------- Dated this the 15th day of October, 2008 ORDER The petitioner, who faces indictment in a prosecution for offences punishable, inter alia, under Sec.308 read with Sec.149 IPC; who has not been arrested and released on bail so far; to procure whose presence, the committal court has issued coercive processes and who apprehends imminent arrest, has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that direction 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. 2. I am not persuaded to agree that any special or Crl.M.C. No. 3824 of 2008 -: 2 :- specific direction deserves to be issued. Sufficient general directions have already been issued by this Court in the decision in Alice George (supra). 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 in Alice George (supra). I have no reason to assume that the learned Magistrate shall not follow the decision in Alice George (supra). If there be non-compliance, the avenues of challenge/complaint are available to the petitioner. 3. This application is dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3824 of 2008 -: 3 :-