IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3496 of 2008()
1. A.B.PRASAD, S/O.BALAKRISHNAN,
... Petitioner
Vs
1. PUSHKARAN
... Respondent
For Petitioner :SRI.DILIP J. AKKARA
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :17/09/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3496 of 2008
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Dated this the 17th day of September, 2008
ORDER
The petitioner, who faces indictment in a prosecution
under Sec.138 of the Negotiable Instruments Act and against
whom coercive processes have been issued by the learned
Magistrate to procure his presence, has come to this Court for
a direction under Sec.482 Cr.P.C. that his bail application must
be considered on merits, in accordance with law and
expeditiously as stipulated in Alice George v. Deputy
Superintendent of Police (2003 (1) KLT 339).
2. I have no reason to assume that the learned Magistrate
is not aware of the law declared in Alice George or that the
learned Magistrate would not comply with the said directions.
It is unnecessary for this Court in every subsequent case to
direct the Magistrate to follow the dictum which has already
Crl.M.C. No. 3496 of 2008 -: 2 :-
been laid down in an earlier binding decision. The petitioner
can cite Alice George before the learned Magistrate. In case,
it is not followed, the petitioner can make a complaint about that
before the superior authorities. At any rate, I am not satisfied
that any specific directions need now be issued under Sec.482
Cr.P.C.
3. This Crl.M.C. is accordingly dismissed with the above
observations.
4. Hand over a copy of this order to the learned counsel for
the petitioner.
(R. BASANT, JUDGE)
Nan/
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