High Court Kerala High Court

K.P.Monappa vs State Of Kerala on 25 September, 2008

Kerala High Court
K.P.Monappa vs State Of Kerala on 25 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3607 of 2008()


1. K.P.MONAPPA, PRINCIPAL EMPLOYER,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.T.B.SHAJIMON

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :25/09/2008

 O R D E R
                              R.BASANT, J
                      ------------------------------------
                    Crl.M.C. No.3607 of 2008
                      -------------------------------------
            Dated this the 25th day of September, 2008

                                  ORDER

Petitioner, who faces indictment under Section 138 of the

Negotiable Instruments Act; who was once released on bail and

against whom a warrant of arrest is issued by the learned

Magistrate to procure his presence, has come to this Court with

this petition under Section 482 Cr.P.C for issue of directions to

consider his application for bail on merits, in accordance with

law and expeditiously – on the date of surrender itself in terms of

the dictum in Alice George v. The Deputy Superintendent of

Police [2003(1) KLT 339].

2. Sufficient general directions have already been issued

in Alice George v. The Deputy Superintendent of Police

[2003(1) KLT 339] and I am not persuaded to agree that it is

necessary for this Court in every subsequent application to issue

directions under Section 482 Cr.P.C to the learned Magistrates

to comply with the direction in Alice George v. The Deputy

Superintendent of Police . Every court must do the same. If

the same is not done, it shall be open to the parties to move the

Crl.M.C. No.3607 of 2008 2

superior courts and make complaint about such non compliance.

No specific or special directions appear to be necessary in these

circumstances.

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/-