IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Crl.MC.No. 4252 of 2008() ------------------------- CC.915/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... (CRIME NO.493/06 OF TALIPARAMBA POLICE STATION) PETITIONER(S): ACCUSED NO.2: -------------------------------------------------- CHRISTO, S/O.THOMAS, AGED 27 YEARS, MANNA, TALIPARAMBA P.O., TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT: --------------------------------------------------- THE STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, KANNUR DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4252 of 2008 ------------------------------------------------- Dated this the 7th day of November, 2008 ORDER The petitioner, who faces indictment in a prosecution for the offence punishable under Sec.420 IPC; who has not been arrested or released on bail so far; against whom, after taking cognizance, coercive processes have been issued by the learned Magistrate to procure his presence 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. 4252 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. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4252 of 2008 -: 3 :-