IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Crl.MC.No. 4407 of 2008() ------------------------- CP.67/2005 of JUDL.MAGISTRATE OF FIRST CLASS, NADAPURAM .................... PETITIONER(S): ACCUSED ---------------------- MUNEER, S/O.KUNHABDULLA, AGED 32 YEARS, KAYAVULLATHIL HOUSE, POST KUNIGAD, VIA PURAMERI, VILATHAPURAM AMSOM AND DESOM, VATAKARA. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4407 of 2008 ------------------------------------- Dated this the 18th day of November, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 452 I.P.C and Sections 3 and 5 of the Explosive Substances Act. The alleged incident took place in 2000. Final report has now been filed. Cognizance has been taken. Committal Proceedings has been registered. 2. The petitioner has not been arrested or enlarged on bail so far. According to him, he was unaware of any such proceedings initiated against him. Consequent to non appearance of the petitioner, coercive processes have been issued against the petitioner. Such processes are chasing the petitioner. 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 Magistrateon merits, Crl.M.C. No.4407 of 2008 2 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 [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. 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/-