IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3639 of 2008()
1. P.U.JOY
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.CIBI THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :26/09/2008
O R D E R
R.BASANT, J
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Crl.M.C. Nos.3639 and 3640 of 2008
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Dated this the 26th day of September, 2008
ORDER
The common petitioner in these two petitions, who faces
indictment before two different courts, both under Section 138
of the Negotiable Instruments Act, who had appeared earlier
before the learned Magistrates through counsel and against
whom coercive processes have now been issued by the learned
Magistrate, has now come to this Court with this petition praying
for issue of directions under Section 482 Cr.P.C to the learned
Magistrates to comply with the dictum in Alice George v. The
Deputy Superintendent of Police [2003(1) KLT 339] and to
consider his applications for bail to be filed by him when he
surrenders before the learned Magistrates 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 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
Crl.M.C. Nos.3639 and 3640 of 2008 2
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. These Crl.M.Cs are, in these circumstances,
dismissed, but with the above specific observations.
4. Hand over two copies of this order to the learned
counsel for the petitioner for production before the courts below.
(R.BASANT, JUDGE)
rtr/-