IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4252 of 2008()
1. CHRISTO
... Petitioner
Vs
1. STATE REPRESENTED BY PUBLIC PROSECUTOR
... Respondent
For Petitioner :SRI.V.A.SATHEESH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :07/11/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 4252 of 2008
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Dated this the 7th day of November, 2008
ORDER
The petitioner, who faces indictment in a prosecution for
the offence punishable under Sec.420 IPC; who has not been
arrested or released on bail so far; against whom, after taking
cognizance, coercive processes have been issued by the
learned Magistrate to procure his presence and who
apprehends imminent arrest, has now come to this Court with
this petition under Section 482 Cr.P.C. with a prayer that
direction may be issued to ensure that the dictum in Alice
George v. Dy.S.P. of Police (2003 (1) KLT 339) is complied
with and that the petitioner’s application for regular bail is
considered on merits, in accordance with law and expeditiously
– on the date of surrender itself.
2. I am not persuaded to agree that any special or
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specific direction deserves to be issued. Sufficient general
directions have already been issued by this Court in the decision
in Alice George (supra). I am not satisfied that any special or
separate direction deserves to be issued in each case to the
learned Magistrate to comply with the directions in Alice
George (supra). I have no reason to assume that the learned
Magistrate shall not follow the decision in Alice George
(supra). If there be non-compliance, the avenues of
challenge/complaint are available to the petitioner.
3. This application is dismissed, but with the above
specific observations.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
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