IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 Crl.MC.No. 4097 of 2008() --------------------------------------- (L.P.R.NO.67/05 IN ST.NO.3424/04 OF THE JFCM, IRINJALAKUDA) PETITIONER(S): ACCUSED NO.3: ------------------------------------------------ RANEESH @ RATHEESH, S/O.RAVI, THAITHRA HOUSE, THAZHEKAD DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4097 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of October, 2008 O R D E R The petitioner, who faces indictment in a prosecution for offences punishable, inter alia, under Section 506(i) I.P.C. (all offences being bailable); who had entered appearance and was enlarged on bail after cognizance was taken; who had participated in the trial and was present before the court till the prosecution evidence was closed, the co-accused who faced trial along with whom has already been found not guilty and acquitted, who could not appear before the learned Magistrate on account of compulsions of his employment, which obliged him to go abroad, against whom coercive processes have been issued by the learned Magistrate and who apprehends imminent arrest, has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that directions may be issued to ensure that the dictum in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) is complied with and that the petitioner's Crl.M.C.No. 4097 of 2008 2 application for regular bail is considered on merits, in accordance with law and expeditiously – on the date of surrender itself. 2. I am not persuaded to agree that any special or specific direction deserves to be issued. Sufficient general directions have already been issued by this Court in the decision cited above. I am not satisfied that any special or separate direction deserves to be issued in each case to the learned Magistrate to comply with the directions already issued. I have no reason to assume that the learned Magistrate shall not follow the decision referred above. If there be non- compliance, the avenues of challenge/complaint are available to the petitioner. 3. The learned counsel for the petitioner finally make a request that there may be a direction for expeditious disposal of the case against the petitioner. The petitioner, who has been absconding must first appear before the learned Magistrate and thereafter he can request the learned Magistrate for an expeditious disposal. Such application must be considered by the learned Magistrate on merits and in accordance with law. Crl.M.C.No. 4097 of 2008 3 4. This application is dismissed, but with the above specific observations. (R. BASANT) Judge tm