IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Crl.MC.No. 4140 of 2008() ------------------------- ST.244/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAKADA .................... PETITIONER(S): --------------- XAVIER D.CRUZ, ETHALIN HOUSE, T.C. 44/613, VALIYATHURA. BY ADV. SRI.P.BABU KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ROBERT RAJ, JOSE BHAVAN, KANDAMTHITTA, PANTHA P.O.. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4140 of 2008 ---------------------------------------- Dated this the 3rd day of November 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 138 of the Negotiable Instruments Act. He has not appeared before the learned Magistrate. Coercive processes have been issued against the petitioner by the learned Magistrate to procure his presence. The petitioner apprehends imminent arrest. 2. Though various other contentions are raised at the stage of arguments, the learned counsel for the petitioner only prays that the petitioner may be permitted to appear before the learned Magistrate and claim the benefits of the decisions in Alice George vs.Deputy Superintendent of Police [2003(1) KLT 339] and Jain Babu v. Joseph [2008(4) KLT 16]. Appropriate directions may be issued under Section 482 Cr.P.C to the learned Magistrate to pass appropriate orders in the light of those precedents, it is submitted. 2. It is for the petitioner to appear before the learned Magistrate seek appropriate directions. I find absolutely no Crl.M.C.No.4140/08 2 reason to assume that the learned Magistrate would not follow the dicta in the said cases. If the directions are not complied with the avenues of challenge/complaint are available for the petitioner. I am satisfied that it is not necessary to issue any further or specific directions. Suffice it to say that the court below must follow the precedents referred above, if the petitioner makes appropriate application. 3. The learned counsel for the petitioner submits that the case now stands posted to 28/11/2008. On that day, appropriate application shall be made, it is submitted. It is, in these circumstances, directed that the coercive processes issued against the petitioner shall not be executed till 28/11/2008. 4. In the result, this petition is dismissed subject to the above specific observations. 5. 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.4140/08 3 Crl.M.C.No.4140/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008