IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3856 of 2008()
1. RAHIM HAJI @ RAHIM HAMSA
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.P.BABU
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :16/10/2008
O R D E R
R. BASANT, J.
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Crl.M.C. Nos. 3856 & 3859 OF 2008
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Dated this the 16th day of October, 2008
O R D E R
The common petitioner in these two Crl.MCs faces
indictment in two separate prosecutions both under Section 138 of
the Negotiable Instruments Act pending before the Judicial First
Class Magistrate Court-II, Muvattupuzha. Cognizance has already
been taken. Accused has entered appearance and has been
enlarged on bail. He has engaged counsel also. But when the
case came up for consideration on 18.08.08 petitioner was absent.
Application was filed to adjourn the case. That was rejected. Non
bailable warrants of arrests have been issued against the
petitioner. Petitioner apprehends imminent arrest. Learned
counsel for the petitioner submits that the petitioner is absolutely
innocent. His absence are not willful or deliberate. He is willing to
surrender. But he apprehends remand to custody if he surrenders
before the learned Magistrate. Thus the petitioner 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
Crl.M.C. Nos. 3856 & 3859 OF 2008
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[2003(1)KLT 339] and to consider the 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.
2. Sufficient general directions have already been issued in
Alice George (Supra). It is not necessary for this court in every
subsequent case to issue directions to the Magistracy to follow the
dictum in Alice George (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
ttb
Crl.M.C. Nos. 3856 & 3859 OF 2008
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Crl.M.C. Nos. 3856 & 3859 OF 2008
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Crl.M.C. Nos. 3856 & 3859 OF 2008
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