IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4277 of 2008()
1. JUSTIN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/11/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.4277 of 2008
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Dated this the 11th day of November 2008
O R D E R
The petitioner faces indictment in a prosecution for
offences punishable inter alia under Section 393 I.P.C. The
petitioner, it is stated, was on bail at the crime stage. Later,
after cognizance was taken, he appeared before the court and
was enlarged on bail by the court also. The petitioner could not
appear before the learned Magistrate on 23/9/2008 as he was
bed ridden. Coercive processes have been issued by the learned
Magistrate against the petitioner. The petitioner apprehends
imminent arrest in execution of such processes. The petitioner
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.
Crl.M.C.No.4277/08 2
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
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. In the peculiar facts and circumstances of this case,
there shall be an interim direction that the coercive processes
issued against the petitioner shall not be executed till
20/11/2008. On or before that date, the petitioner shall
surrender before the learned Magistrate and seek regular bail.
Hand over copy of this order to the learned counsel for the
petitioner for production before the learned Magistrate.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No.4277/08 3
Crl.M.C.No.4277/08 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008