High Court Kerala High Court

Christo vs State Represented By Public … on 7 November, 2008

Kerala High Court
Christo vs State Represented By Public … on 7 November, 2008
       

  

  

 
 
  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.
            -------------------------------------------------
                  Crl.M.C. No. 4252 of 2008
            -------------------------------------------------
         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

Crl.M.C. No. 4252 of 2008 -: 2 :-

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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