IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3810 of 2008()
1. NIZAMUDDIN, S/O.KUNHI MAHIN KUTTY HAJI,
... Petitioner
Vs
1. V.M.SALAHUDDIN, S/O.MAMMUNHI,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.MAHESH V RAMAKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :14/10/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3810 OF 2008
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Dated this the 14th day of October, 2008
O R D E R
The petitioner who is one of the three accused persons in a
prosecution for offences punishable under Section 341, 323 and
506 (2) read with 34 IPC (all bailable); who was enlarged on bail at
the crime stage; who had later not appeared before the learned
Magistrate; to procure whose presence coercive processes have
already been issued by the learned Magistrate and who
apprehends imminent arrest 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 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
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not be done. If the directions are not complied with the avenues of
challenge/complaint are available for the petitioner.
3. Learned counsel for the petitioner submits that the
marriage of the petitioner is scheduled to take place this month
and there may be directions issued in favour of the petitioner to
facilitate his surrender before the learned Magistrate without the
threat and risk of his being arrested and dragged to court by the
police. In the peculiar facts and circumstances of this case, I am
satisfied that a direction can be issued in favour of the petitioner.
It is hence directed that coercive processes issued against the
petitioner shall not be executed, till 28.10.08 on or before which
date the petitioner shall surrender before the learned Magistrate
and seek regular bail.
4. In the result, this petition is dismissed subject to the
above specific observations/direction.
Hand over copy of this order to the learned counsel for the
petitioner for production before the learned Magistrate.
R. BASANT, JUDGE
ttb
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