High Court Kerala High Court

Yoosaf Kurumbat vs State Of Kerala on 23 October, 2008

Kerala High Court
Yoosaf Kurumbat vs State Of Kerala on 23 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3986 of 2008()


1. YOOSAF KURUMBAT,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE
                       ...       Respondent

                For Petitioner  :SRI.P.SANJAY

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :23/10/2008

 O R D E R
                             R. BASANT, J.
                -----------------------------------------------
                    Crl.M.C. No. 3986 OF 2008
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              Dated this the 23rd day of October, 2008

                                O R D E R

Petitioner, who faces indictment as the 14th accused in a

prosecution for offences punishable, inter alia, under Section 307

read with Section 149 IPC; who was not been arrested or released

on bail at any prior stage till now; to secure whose presence in the

committal proceedings, the learned Magistrate has issued

coercive processes and who apprehends imminent arrest in

execution of such processes, has come to this court now 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.

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

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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. Hand over copy of this order to the learned counsel for

the petitioner for production before the learned Magistrate.

R. BASANT, JUDGE
ttb

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