IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Crl.MC.No. 4383 of 2008() ------------------------- CC.465/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... PETITIONER(S): ACCUSED ---------------------- M.PREMANANDAN, S/O.KARUNAKARAN NAIR, MANGATTU HOUSE, NIRAMARUTHUR POST, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. A.P.ASHRAF, S/O.HAMSA, ENINTE PURAKKAL, POST KOOTTAYI, TIRUR TALUK, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4383 of 2008 ------------------------------------- Dated this the 17th day of November, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable under Sections 279 and 338 I.P.C. Cognizance has been taken. The petitioner had appeared before the learned Magistrate and was enlarged on bail. Subsequently on account of his non appearance, coercive processes have been issued against him by the learned Magistrate. Such processes are chasing him. The petitioner, who apprehends imminent arrest in execution of such processes, has 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 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. 2. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police Crl.M.C. No.4383 of 2008 2 [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 petitioner. 3. The learned counsel for the petitiones submits that there may be a direction for expeditious disposal of the case against the petitioner. It is for the petitioner to appear before the learned Magistrate and make that request to the learned Magistrate. Needless to say, such request must be considered by the learned Magistrate on merits and appropriate decision taken. 4. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 5. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-