IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4602 of 2008()
1. P.J.JOSEPH
... Petitioner
Vs
1. P.V.PRAMOD
... Respondent
For Petitioner :SRI.V.K.VEERAVUNNY
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :28/11/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.4602 of 2008
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Dated this the 28th day of November, 2008
ORDER
Petitioner faces indictment in a prosecution under Section
138 of the Negotiable Instruments Act. The proceedings have
now reached the stage of defence evidence. It is submitted that
the petitioner/accused does not want to adduce any defence
evidence and the matter is only to be heard. At that juncture, on
22.11.08, when the case came up for consideration, the
petitioner and his counsel happened to be absent on account of
reasons beyond their control. Coercive processes have been
issued against the petitioner. The petitioner, who apprehends
imminent arrest in execution of such processes, has come to 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 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.
Crl.M.C. No.4602 of 2008 2
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
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 petitioner.
3. This Crl.M.C is, in these circumstances, dismissed, but
with the above specific observations.
4. In the peculiar facts and circumstances of this case,
there shall be a direction that the warrant of arrest issued
against the petitioner shall not be executed till 12.12.08. On or
before that date, the petitioner must appear before the learned
Magistrate and seek regular bail.
(R.BASANT, JUDGE)
rtr/-