IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Crl.MC.No. 4640 of 2008 ---------------------------------- (CRIME NO. 489/2008 OF KADAVANTHRA POLICE STATION) .................... PETITIONER: ------------------- SHYJU, S/O. VARGHESE, PANAKKAPARMBU VEEDU, MULAVUKADU, ERNAKULAM. BY ADV. SRI.S.RAJEEV. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.4640 of 2008 ---------------------------------------- Dated this the 1st day of December 2008 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under Section 392 read with 34 I.P.C. Investigation is complete. Final report has already been filed. Calender case has been registered. The petitioner has not been arrested or released on bail so far. Reckoning the petitioner as an absconding accused, coercive processes have been issued by the learned Magistrate to procure his presence. The petitioner apprehends imminent arrest in execution of such processes. 2. The petitioner has now 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.4640/08 2 3. 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. 4. In the result, this petition is dismissed subject to the above specific observations. 5. 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.4640/08 3 Crl.M.C.No.4640/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008