Devadas vs State Represented By Public on 23 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 845 of 2007()


1. DEVADAS, S/O.VELU, SIVA VILAS,
                      ...  Petitioner

                        Vs



1. STATE REPRESENTED BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.VINOD KUMAR.C

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :23/03/2007

 O R D E R
                                       R. BASANT, J.

                              - - - - - - - - - - - - - - - - - - - - - -

                              Crl.M.C.No. 845  of   2007

                              - - - - - - - - - - - - - - - - - - - - - -

                       Dated this the 23rd day of   March, 2007


                                           O R D E R

Against the petitioner, who faces indictment in a prosecution under

Section 138 of the N.I. Act, a warrant of arrest has been issued by the

learned Magistrate. The petitioner apprehends that when he surrenders, his

application for bail may not be considered by the learned Magistrate on

merits, in accordance with law and expeditiously.

2. I find this apprehension to be totally baseless. Sufficient general

directions have already been issued by this Court in the decision in Alice

George v. Dy.S.P. of Police (2003 (1) KLT 339). No special or specific

direction appears to be necessary. Every court is bound to comply with

the directions.

3. This Crl.M.C. is accordingly dismissed, but with the observation

that the dictum in Alice George must be complied with by the learned

Magistrate when the petitioner enters appearance and applies for bail.

                                                                 (R. BASANT)

tm                                                                     Judge