IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3456 of 2008()
1. K.V.BALAN, S/O.CHATHU,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.I.DINESH MENON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :17/09/2008
O R D E R
R.BASANT, J.
----------------------
Crl.M.C.No.3456 of 2008
----------------------------------------
Dated this the 17th day of September 2008
O R D E R
The petitioner, who faces indictment in a prosecution under
Section 138 of the Negotiable Instruments Act and against whom
warrant of arrest has been issued by the learned Magistrate to
procure his presence, complains that his absence was not wilful.
He is willing to surrender before the learned Magistrate and
seek regular bail. 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. It is therefore
prayed that directions under Section 482 Cr.P.C may be issued
to the learned Magistrate to consider his application for bail in
the light of the directions in Alice George vs.Deputy
Superintendent of Police [2003(1)KLT 339].
2. Sufficient general directions have already been issued
in Alice George (Supra). I am not persuaded to agree that in
each individual case directions have now got to be issued to the
subordinate judiciary to follow the dictum in Alice George
(Supra). Every court must do the same. If the same is not
Crl.M.C.No. 2
followed, certainly the petitioner shall have the option to
complain before superior courts.
3. In the result, this Crl.M.C is dismissed; but subject to
the above observations.
4. Hand over copy of this order to the learned counsel
for the petitioner.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No. 3
Crl.M.C.No. 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008