IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Crl.MC.No. 4602 of 2008() ------------------------- CC.670/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): ACCUSED: ---------------------------------------- P.J.JOSEPH, AGED 59 YEARS, PALATHOTTUNGAL HOUSE, MASJID ROAD, ALUVA P.O., ALUVA VILLAGE, ALUVA TALUK. BY ADV. SRI.V.K.VEERAVUNNY RESPONDENT(S): COMPLAINANT AND THE STATE: --------------------------------------------------------------------------- 1. V.P.PRAMOD, AGED 38 YEARS, S/O.PARAMESWARAN, VELIYATH HOUSE, EDAYAPPURAM, ALUVA P.O., ALUVA EAST VILLAGE, ALUVA TALUK. 2. KERALA STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4602 of 2008 ------------------------------------- Dated this the 28th day of November, 2008 ORDER Petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. The proceedings have now reached the stage of defence evidence. It is submitted that the petitioner/accused does not want to adduce any defence evidence and the matter is only to be heard. At that juncture, on 22.11.08, when the case came up for consideration, the petitioner and his counsel happened to be absent on account of reasons beyond their control. Coercive processes have been issued against 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 Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. Crl.M.C. No.4602 of 2008 2 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. In the peculiar facts and circumstances of this case, there shall be a direction that the warrant of arrest issued against the petitioner shall not be executed till 12.12.08. On or before that date, the petitioner must appear before the learned Magistrate and seek regular bail. (R.BASANT, JUDGE) rtr/-