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. 3823 of 2008() ------------------------- CC.223/2007 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... PETITIONER(S): --------------- P.K. MUHAMMED, S/O ALI, 40/07 ALI MANZIL, KETHOTTU THAZHAM, P.O. KOMMERI, KOZHIKODE DIST. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): COMPLAINT:- -------------------------- THE STATION HOUSE OFFICER, KSABA POLICE STATION,KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. S.U. NAZAR. 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.3823 of 2008 ------------------------------------------------- Dated this the 15th day of October, 2008 ORDER The petitioner, who faces indictment in a prosecution under Sec.353 IPC; who was enlarged on bail at the crime stage; who was then directed to appear on receipt of summons; who had gone abroad thereafter and has not so far received any summons, processes or notice issued by the court; reckoning whom as an absconding accused, coercive processes have been issued by the learned Magistrate to procure his presence and who apprehends imminent arrest on his return from his place of employment abroad on 16/10/08, 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 Crl.M.C. No.3823 of 2008 -: 2 :- 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 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. In the peculiar facts and circumstances of this case, there shall be a direction that the coercive processes issued against the petitioner shall not be executed till 28/10/08. On or before that date, the petitioner shall surrender before the Crl.M.C. No.3823 of 2008 -: 3 :- learned Magistrate and seek regular bail. 5. 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