IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Crl.MC.No. 3926 of 2008() ------------------------- LP.11/2008 of J.F.C.M-IV, COCHIN .................... PETITIONER(S): ACCUSED NO.2 --------------------------- L. WILSON, CHAIRMAN, MARY MATHA EDUCATIONAL SOCIETY, OLATHANNY, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. T.A. REHMAN, NEWPORT AND FAS TRADES, ACHUTHAWARRIER LANE, NEW PADMA JUNCTION, MARKET ROAD, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3926 of 2008 ---------------------------------------- Dated this the 21st day of October 2008 O R D E R The petitioner, who faces indictment as the 2nd accused in a prosecution under Section 138 of the Negotiable Instruments Act; who allegedly was not ever served with any notice, process or summons of the court; whose case has now been transferred to the list of long pending cases reckoning him as absconding accused; against whom coercive processes have been issued by the learned Magistrate to procure his presence and who apprehends imminent arrest in execution of such processes has come to this court now 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 Jain Babu v. Joseph [2008(4) KLT 16] 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.3926/08 2 2. Sufficient general directions have already been issued in Alice George and Jain Babu (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 and Jain Babu (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. 3. In the result, this petition is dismissed subject to the above specific observations. 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.3926/08 3 Crl.M.C.No.3926/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008