IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3819 of 2008()
1. P.N.KRISHNA PILLAI, AGED 70 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. STATE BANK OF TRAVANCORE, MAIN BRANCH,
For Petitioner :SRI.SANTHAN V.NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :15/10/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3819 of 2008
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Dated this the 15th day of October, 2008
ORDER
The petitioner, who faces indictment as the 2nd
accused in a prosecution under Sec.138 of the Negotiable
Instruments Act; who had entered appearance before the
learned Magistrate and was enlarged on bail earlier; who
had promptly appeared before the court either personally
or through his counsel on all dates of posting till 30/9/08;
who could not unfortunately appear before the court on
30/9/08; whose counsel also could not present before court
on that day and against whom a warrant of arrest has been
issued by the learned Magistrate to procure his presence,
has now come to this Court with this petition under
Section 482 Cr.P.C. with a prayer that direction may be
issued to ensure that the dictum in Alice George v.
Crl.M.C. No. 3819 of 2008 2
Dy.S.P. of Police (2003 (1) KLT 339) is complied with and that
the petitioner’s application for regular bail is considered on
merits, in accordance with law and expeditiously – on the date of
surrender itself.
2. I am not persuaded to agree that any special or
specific direction deserves to be issued. Sufficient general
directions have already been issued by this Court in the decision
in Alice George (supra). I am not satisfied that any special or
separate direction deserves to be issued in each case to the
learned Magistrate to comply with the directions in Alice
George (supra). I have no reason to assume that the learned
Magistrate shall not follow the decision in Alice George
(supra). If there be non-compliance, the avenues of
challenge/complaint are available to the petitioner.
3. This application is dismissed, but with the above
specific observations.
4. In the peculiar facts and circumstances of this case,
there shall be a direction that the coercive processes issued
against the petitioner shall not be executed till 29/10/08 – the
next date on which the case is posted. On or before that date,
the petitioner shall surrender before the learned Magistrate and
Crl.M.C. No. 3819 of 2008 3
seek regular bail.
5. Hand over a copy of this order to the learned counsel for
the petitioner.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge