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Kuttan @ Jayan & Another vs State Of Kerala on 10 November, 2008

Kerala High Court
Kuttan @ Jayan & Another vs State Of Kerala on 10 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4275 of 2008()



1. KUTTAN @ JAYAN & ANOTHER
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.SHOBY K.FRANCIS

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :10/11/2008

 O R D E R
                              R.BASANT, J
                      ------------------------------------
                     Crl.M.C. No.4275 of 2008
                      -------------------------------------
            Dated this the 10th day of November, 2008

                                  ORDER

Petitioners, who as accused 1 and 2, face indictment for

offences punishable, inter alia, under Section 326 I.P.C; whose

application for anticipatory bail stands dismissed by another

Bench of this Court; who have not challenged the order

dismissing the application for anticipatory bail and have not

surrendered before the Investigating Officer or the learned

Magistrate so far, and who apprehend imminent arrest, have

come before this Court with this petition praying for issue of

directions under Section 482 Cr.P.C to the learned Magistrate to

comply with the dictum in Alice George v. The Deputy

Superintendent of Police [2003(1) KLT 339] and to consider

their application for bail to be filed by them when they surrender

before the learned Magistrate on merits, in accordance with law

and expeditiously.

2. Sufficient general directions have already been issued

in Alice George v. The Deputy Superintendent of Police

[2003(1) KLT 339]. I am not satisfied that it is necessary for

Crl.M.C. No.4275 of 2008 2

this Court in every subsequent case to issue directions under

Section 482 Cr.P.C to the Magistracy to follow the dictum in

Alice George v. The Deputy Superintendent of Police .

Every court must do the same. I have no reason to assume that

the same shall not be done. If there be non compliance, the

avenues of challenge/complaint are available for the petitioners.

3. This Crl.M.C is, in these circumstances, dismissed, but

with the above specific observations.

4. Hand over a copy of this order to the learned counsel

for the petitioners for production before the court below.

(R.BASANT, JUDGE)
rtr/-

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