IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31623 of 2008(M)
1. LESLIE POLYMERS(INDIA)PVT. LTD.
... Petitioner
Vs
1. CIRCLE INSPECTOR OF POLICE & ANOTHER
... Respondent
For Petitioner :SRI.SHAJI CHIRAYATH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :29/10/2008
O R D E R
R.BASANT, J.
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W.P.C.No.31623 of 2008
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Dated this the 29th day of October 2008
J U D G M E N T
The petitioner, who faces indictment in a prosecution under
Section 138 of the Negotiable Instruments Act; who has not
entered appearance before the learned Magistrate so far though
the prosecution was initiated as early as in 2003; against whom
coercive processes have been issued by the learned Magistrate
to procure his presence and who apprehends imminent arrest in
execution of such processes has come to this court with the
prayer that directions under Section 482 Cr.P.C may be issued to
the learned Magistrate to comply with the directions in Alice
George vs.Deputy Superintendent of Police [2003(1)KLT
339] and to consider his application for bail to be filed by him
when he surrenders before the learned Magistrate on merits, in
accordance with law and expeditiously – on the date of surrender
itself.
2. Sufficient general directions have already been
issued in Alice George (Supra). It is not necessary for this
court in every subsequent case to issue directions to the
W.P.C.No.31623/08 2
Magistracy to follow the dictum in Alice George (Supra). Every
court is bound to do the same. I have no reason to assume that
the same shall not be done. If the directions are not complied
with the avenues of challenge/complaint are available for the
petitioner.
3. In the result, this petition is dismissed subject to the
above specific observations.
Issue copy of this order to the learned counsel for the
petitioner for production before the learned Magistrate.
(R.BASANT, JUDGE)
jsr
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W.P.C.No.31623/08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007