IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Crl.MC.No. 3566 of 2008() ------------------------- LP.3/2007 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONER(S): ACCUSED ---------------------- T.P. RAZIABI, D/O.T.P.KUNHATHUKOYA, NAUSHEEK NIVAS, PANIKKAL PARAMBA, P.O. NALLALAM, KOZHIKODE TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS(S): COMPLAINANT --------------------------- 1. THE SUB INSPECTOR OF POLICE, NADAKAVU POLICE STATION, NADAKKAVU. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3566 of 2008 ------------------------------------- Dated this the 24th day of September, 2008 ORDER Petitioner, a woman, who faces indictment in a prosecution for offences punishable, inter alia, under Section 471 I.P.C, who had once appeared and was released on bail, who has subsequently not been appearing before the court below and the case against whom has been transferred to the list of Long Pending Cases, now finds a warrant of arrest issued by the learned Magistrate chasing her and has come to this Court for issue of directions under Section 482 Cr.P.C to the learned Magistrate to consider her bail application on merits, in accordance with law and expeditiously - on the date of surrender itself as stipulated in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 2. I am not satisfied that specific or special directions must be issued in each case to the Magistracy to comply with the dictum in Alice George v. The Deputy Crl.M.C. No.3566 of 2008 2 Superintendent of Police [2003(1) KLT 339]. Every court must do the same. I have no reason to assume that the learned Magistrate will not do the same. If it is not done, the avenues of challenge and complaint are available for the petitioner. I need only observe that the courts must comply with the said directions. 3. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-