IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Crl.MC.No. 3644 of 2008() ------------------------- CC.333/2004 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... PETITIONER(S): --------------- 1. SAM S/O. CHACKO, AGED 40, KARADYKUZHIYIL, KUZHIMATTOM P.O.,KOTTAYAM. 2. SREEKUAMR ALIAS SABU S/O. GOPALAN, AGED 41, CHAKKALAYIL, CHANNANIKKADU P.O.,KOTTAYAM. 3. PATHROSE S/O.CHACKO, AGED 60, PUTHUPARAMBIL HOUSE CHANNANIKKADU P.O.,KOTTAYAM. BY ADV. SRI.TOM K.THOMAS RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3644 of 2008 ---------------------------------------- Dated this the 29th day of September 2008 O R D E R The petitioners, who face indictment for offence punishable inter alia under Section 324 I.P.C; against whom allegations are raised only of having committed bailable offences; who had entered appearance before the court and had participated in the proceedings till the case reached the defence stage and on account of whose absence on one date of posting non-bailable warrants to procure their absence have been issued by the learned Magistrate, have come to this court with the prayer that directions under Section 482 Cr.P.C may be issued to the learned Magistrate to comply with the directions in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339] and to consider their application for bail to be filed by them when they surrender before the learned Magistrate 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 Crl.M.C.No.3644/08 2 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 petitioners. 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 petitioners for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.3644/08 3 Crl.M.C.No.3644/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008