IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3638 of 2008()
1. RAMACHANDRAN
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE AND ANOTHER
... 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. No.3638 of 2008
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Dated this the 26th day of September, 2008
ORDER
Petitioner who faces indictment in a prosecution for
offences punishable, inter alia, under Section 436 r/w 149 I.P.C,
who was not arrested at any earlier point of time in the case;
whose case has been transferred to the list of Long Pending
Cases and against whom coercive processes have 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 Magistrate to comply with the dictum in Alice
George v. The Deputy Superintendent of Police [2003(1)
KLT 339] and to consider his 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 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. No.3638 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 petitioner.
3. This Crl.M.C is, in these circumstances, dismissed, but
with the above specific observations.
4. Hand over a copy of this order to the learned counsel
for the petitioner for production before the court below.
(R.BASANT, JUDGE)
rtr/-