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/-