IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Crl.MC.No. 4603 of 2008() ------------------------- CC.153/2004 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... PETITIONER(S): ACCUSED NO.1,3 & 4: -------------------------------------------------------- 1. EARNEST, S/O.CARLOS, VALLOMTHAYYIL VEEDU, KOTTAMURI KAVALA BHAGOM, ATHIRAMPUZHA KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM. 2. JESSY, W/O.SURENDRAN, ALUNKAL VEEDU, MORKUANGARA BHAGOM, VAZHAPPALLY EAST VILLAGE, KOTTAYAM. 3. SAJI VARGHESE, S/O.VARGHESE, ALUNKALVEEDU, MORKUANGARA BHAGOM, VAZHAPPALLY EAST VILLAGE, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): COMPLAINANT: --------------------------------------------------- CIRCLE INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION, REPRESENTED 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 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4603 of 2008 ------------------------------------- Dated this the 28th day of November, 2008 ORDER Petitioners as accused 1, 2, 3 and 4 face indictment in a prosecution for offences punishable under the Immoral Traffic (Prevention) Act. Final report has already been filed. Cognizance was taken. The petitioners appeared before the learned Magistrate. They were enlarged on bail. They participated in the trial upto a certain stage. Thereafter they are not available for trial. Coercive processes have been issued against the petitioners. The petitioners, who apprehend imminent arrest in execution of such coercive processes, have come to this Court with this petition praying for issue of directions under Section 482 Cr.P.C to the learned Magistrate to comply with the dictum in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and to consider their application for bail to be filed by them when they surrender before the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. Crl.M.C. No.4603 of 2008 2 2. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am not satisfied that it is necessary for this Court in every subsequent case to issue directions under Section 482 Cr.P.C to the Magistracy to follow the dictum in Alice George v. The Deputy Superintendent of Police . Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioners. 3. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) rtr/-