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