IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3720 of 2008()
1. JAYAKUMAR @ BABU, BHAGAWATHI PARAMBIL
... Petitioner
2. JAYARAJAN @ BIJU, BHAGAWATHI
3. JAYARAJ, S/O.MANIYAN ACHARI,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.M.P.MADHAVANKUTTY
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :06/10/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.3720 of 2008
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Dated this the 6th day of October 2008
O R D E R
The petitioners who face indictment as accused 1,2 and 3 in
a prosecution for offence punishable inter alia under Section 323
read with 34 I.P.C, all offences alleged being bailable, who were
enlarged on bail again after cognizance was taken; who have not
been appearing before the learned Magistrate after 15/5/2008
for reasons which are not intentional or deliberate and against
whom warrants of arrest have issued by the learned Magistrate
have 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
their application for bail to be filed by them when they surrender
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 subsequent case to issue directions to the
Crl.M.C.No.3720/08 2
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.
Hand over copy of this order to the learned counsel for the
petitioners for production before the learned Magistrate.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.3720/08 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008