IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Crl.MC.No. 3779 of 2008() ------------------------- CP.322/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER/ACCUSED A3 --------------- SAJEEV, S/O.CHANDRASEKHARAN, MUKALUVILA KIZHKKATHIL VEEDU, NEAR VENDAR COLONY, EDAKKIDOM MURI, KAREEPRA VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3779 of 2008 ---------------------------------------- Dated this the 13th day of October 2008 O R D E R The petitioner, who faces indictment as the third accused in a prosecution for offences punishable inter alia under Section 3(i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act; who was not available for trial when some of the co- accused faced trial and were acquitted; against whom coercive processes have been issued by the learned Sessions Judge to procure his presence and who apprehends imminent arrest, has come to this court with the prayer that directions under Section 482 Cr.P.C may be issued to the learned Sessions Judge to comply with the directions in Alice George vs.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 Sessions Judge 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 Crl.M.C.No.3779/08 2 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. 4. It is submitted that now the case is pending before the learned Judicial First Class Magistrate Court-I, Kottarakkara as L.P.No.3/2006. The learned Magistrate shall consider the application for regular bail in the light of the decision in Alice George (Supra) and Ali v. State of Kerala [2000(2) KLT 280, Shanu v. State of Kerala [2000(3) KLT 452, Krishnakumar v. State of Kerala [20005(1) KLD(Cri.)42] and P.P.Kader v. State of Kerala [2005(1) KLD(Cri.)250] . 3. In the result, this petition is 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.No.3779/08 3 Crl.M.C.No.3779/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008