IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Crl.MC.No. 3481 of 2008() ------------------------- CP.NO.186/08 IN CRIME NO.90/08 OF THE KASARAGOD POLICE STATION. PETITIONER: ------------ 1. SANTHU KELUGUDDE ALIAS SANTHAKUMAR S/O.KRISHNA, 34 YEARS, KELUGUDDU, KUDLU VILLAGE KASARAGOD TALUK AND DISTRICT. 2. GIRISH, S/O.RAGHAVAN, 24 YEARS KELUGUDDU, KUDLY VILLAGE, KASARAGODE TALUK AND DISTRICT. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA RESPONDENTS: ------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.3481 of 2008 ------------------------------------------------- Dated this the 16th day of September, 2008 ORDER The petitioners, who face indictment in a prosecution under Sec.308 IPC and against whom summons were issued at the first instance, pray that the court below may be directed to consider their applications for bail to be filed when they surrender before the learned Magistrate on merits, in accordance with law and expeditiously – on the date of surrender itself in accordance with the decision in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). The petitioners could not be present on one date of posting and notwithstanding the filing of an application to excuse their absence, the said application was dismissed and non-bailable warrants of arrest were issued against the petitioners. Crl.M.C. No.3481 of 2008 -: 2 :- 2. I am not persuaded to agree that any further directions are necessary in each individual case to the subordinate courts to comply with the directions in Alice George. General directions have been issued and the said directions are to be complied with by all subordinate courts. If they are not complied with, the petitioners can raise their grievance before the appropriate forum. I have no reason to assume that the directions shall not be complied with. 3. With the above observations, this Crl.M.C. is dismissed. 4. Hand over a copy of this order to the learned counsel for the petitioners. (R. BASANT, JUDGE) Nan/ Crl.M.C. No.3481 of 2008 -: 3 :-