IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 3721 of 2008() ------------------------- CRIME NO. 7/2007 OF VELLIKULANGARA POLICE STATION CP.97/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY .................... PETITIONER/A2: --------------- SANTHOSH, S/O. LAKSHMI, AGED 30 CHOMMATTIL HOUSE, MOONUMURI DESOM VELLIKULANGARA, MUKUNDAPURAM TALUK THRISSUR DIST. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENT(S)/COMPLAINANT & STATE: ------------------------------------------------ 1. SUB INSPECTOR OF POLICE, VELLIKULANGARA POLICE STATION, THRISSUR DIST, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3721 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2008 O R D E R The petitioner, who faces indictment for offences punishable, inter alia, under Section 307 I.P.C., who has not been arrested or released on bail so far, whose case is sought to be transferred to the list of long pending cases and against whom a warrant of arrest has been issued to procure his presence, 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 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 Crl.M.C.No. 3721 of 2008 2 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. 4. This application is dismissed, but with the above specific observations. (R. BASANT) Judge tm