Kamalakshan vs State-Represented By Public … on 7 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4238 of 2008()


1. KAMALAKSHAN, AGED 39 YEARS,
                      ...  Petitioner

                        Vs



1. STATE-REPRESENTED BY PUBLIC PROSECUTOR,
                       ...       Respondent

                For Petitioner  :SRI.K.P.HARISH

                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. 4238 of 2008
            -------------------------------------------------
         Dated this the 7th day of November, 2008

                               ORDER

The petitioner, who faces indictment for offences

punishable under Sections 120B and 489A to D read with

Sec.34 IPC; who has not been arrested at the crime stage or

thereafter; who has not been able to appear before the learned

Magistrate in the committal proceedings though cognizance

was taken earlier; the case against whom has been transferred

to the list of Long Pending Cases; against whom coercive

processes have been issued by the learned Magistrate 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 dicta in Alice

George v. Dy.S.P. of Police (2003 (1) KLT 339) and

Crl.M.C. No. 4238 of 2008 -: 2 :-

Sukumari v. State of Kerala (2001 (1) KLT 22) are 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

specific direction deserves to be issued. Sufficient general

directions have already been issued by this Court in the decision

in Alice George and Sukumari (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 and Sukumari (supra). I have no

reason to assume that the learned Magistrate shall not follow

the decision in Alice George and Sukumari (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

Crl.M.C. No. 4238 of 2008 -: 3 :-