IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Crl.MC.No. 3956 of 2008() --------------------------------------- C.C.NO.648/2008 OF JUDICIAL FIRST CLASS MAGISTRATE II, KOCHI. ....... PETITIONER:3RD ACCUSED: ------------------------------------------- SAIDHUKUTTY SAMAD, S/O.SAIDHUKUTTY,AGED 26 YEARS, POKKATTU KIZHAKETHIL, PERINGALA P.O., KAYAMKULAM. BY ADV. SRI.A.SHAFEEK RESPONDENT:COMPLAINANT: ---------------------------------------------- SUB INSPECTOR OF POLICE, KOCHI KASBA POLICE STATION, PALLURUTHY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3956 OF 2008 ----------------------------------------------- Dated this the 22nd day of October, 2008 O R D E R Petitioner, who faces indictment in a prosecution under Section 27 of the Arms Act; who was arrested and enlarged on bail at the crime stage; who has not allegedly received any notice, process or summons from the court to appear so far after cognizance was taken; co-accused with whom have already faced indictment and have already been found guilty and convicted; the case against whom has been split up and re-filed; against whom coercive processes have been issued by the learned Magistrate and who apprehends imminent arrest has now 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 his application for bail to be filed by him when he surrenders 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 court in every Crl.M.C. No. 3956 OF 2008 -:2:- 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 petitioner. 3. In the result, this petition is dismissed subject to the above specific observations. 4. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. R. BASANT, JUDGE ttb Crl.M.C. No. 3956 OF 2008 -:3:- Crl.M.C. No. 3956 OF 2008 -:4:-