Pushpavally P.R vs State Of Kerala on 14 October, 2008

Kerala High Court
Pushpavally P.R vs State Of Kerala on 14 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3805 of 2008()



1. PUSHPAVALLY P.R
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.T.MADHU

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :14/10/2008

 O R D E R
                          R.BASANT, J.
                       ----------------------
                     Crl.M.C.No.3805 of 2008
                   ----------------------------------------
            Dated this the 14th day of October 2008

                              O R D E R

The petitioner, who faces indictment in a prosecution under

Section 138 of the Negotiable Instruments Act; who entered

appearance and was enlarged on bail; who had participated in

the proceedings till the stage of Section 313 examination; who

was absent on the date when the case was posted for 313

examination and against whom a warrant of arrest has been

issued by the learned Magistrate to procure her presence, 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 Jain Babu v. Joseph [2008

(4) KLT 16] and to consider her application for bail to be filed

by her when she 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 and Jain Babu (Supra). It is not

Crl.M.C.No.3805/08 2

necessary for this court in every subsequent case to issue

directions to the Magistracy to follow the dictum in Alice

George (Supra) and Jain Babu (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.

Hand over copy of this order to the learned counsel for the

petitioner for production before the learned Magistrate.

(R.BASANT, JUDGE)
jsr

Crl.M.C.No.3805/08 3

Crl.M.C.No.3805/08 4

R.BASANT, J.

CRL.M.C.No. of 2008

ORDER

09/07/2008

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