IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Crl.MC.No. 3902 of 2008() ------------------------- CC.22/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER(S): ACCUSED NO.4:- ----------------------------- SUBHAIR AGE 24, S/O BEERANKUTTY, CHAKKINTE THODIYIL VEEDU, PARAPPURAM THALI, TRICHUR DESOM, BY ADV. SRI.M.ANIL KUMAR SMT.PREETHI K.PURUSHOTHAMAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE,CHALISSERRY POLICE STATION, (CRIME 189/04) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ALONG WITH CRL.M.C.NO.3905 & CONN.CASES ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.Nos.3902,3905,3906 & 3907 of 2008 ---------------------------------------- Dated this the 20th day of October 2008 O R D E R The common petitioner in these Crl.M.Cs faces indictment in prosecutions for offences punishable inter alia under Section 379 read with 34 I.P.C. Three cases are pending before the learned J.F.C.M, Wadakkanchery whereas the 4th case is pending before the learned J.F.C.M, Pattambi. The petitioner was arrested and enlarged on bail at the crime stage in all these cases. But after investigation was completed, final report was filed and cognizance was taken, the petitioner has not entered appearance before the courts obliging the courts to issue coercive processes against the petitioner. Such processes issued by the two courts are chasing the petitioner. The petitioner who apprehends imminent arrest in execution of such processes has come to this court with the prayer that directions under Section 482 Cr.P.C may be issued to the learned Magistrates to comply with the directions in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339] and to consider his applications for bail to be filed by him when he surrenders before the learned Crl.M.C.Nos.3902 & conn.cases 2 Magistrates 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 (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 (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, these petitions are 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.Nos.3902 & conn.cases 3 Crl.M.C.Nos.3902 & conn.cases 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008