Sunny vs State Of Kerala on 19 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4450 of 2008()



1. SUNNY
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.V.VENUGOPALAN NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :19/11/2008

 O R D E R
                               R.BASANT, J
                       ------------------------------------
                     Crl.M.C. No.4450 of 2008
                       -------------------------------------
            Dated this the 19th day of November, 2008

                                   ORDER

Petitioner faces indictment in a prosecution under Section

138 of the Negotiable Instruments Act. He had entered

appearance and was enlarged on bail as he was not available on

a date to which the case was posted for trial and his counsel was

not represented to go on with the trial, the learned Magistrate

has issued non bailable warrant against the petitioner. The

petitioner apprehends imminent arrest.

2. The petitioner has now got to surrender before the

learned Magistrate and seek regular bail. The petitioner is

willing to do the same. But he apprehends that his application

for regular bail may not be considered by the learned Magistrate

on merits, in accordance with law and expeditiously – on the date

of surrender itself in the light of the dictum in Alice George v.

The Deputy Superintendent of Police [2003(1) KLT 339].

3. 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

Crl.M.C. No.4450 of 2008 2

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.

4. This Crl.M.C is, in these circumstances, dismissed, but

with the above specific observations.

5. Hand over a copy of this order to the learned counsel

for the petitioner for production before the court below.

(R.BASANT, JUDGE)
rtr/-