IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4297 of 2008()
1. SHARMILA RAMESH, W/O.RAMESH,
... Petitioner
Vs
1. STATEO OF KERALA(SHO DHARMADAM POLICE
... Respondent
For Petitioner :SRI.V.V.ASOKAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/11/2008
O R D E R
R.BASANT, J
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Crl.M.C. Nos.4297 & 4298 of 2008
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Dated this the 11th day of November, 2008
ORDER
Petitioner, a woman, faces allegations in two separate
prosecutions, both pending before the learned Judicial Magistrate
of the First Class, Thalassery. It is submitted that the petitioner
had entered appearance and was enlarged on bail in both the
cases. But subsequently, allegedly on account of reasons beyond
her control, she could not appear before the learned Magistrate.
Consequently coercive processes have been issued by the
learned Magistrate against the petitioner. Such processes are
chasing the petitioner. She has come to this Court with these
petitions 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 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.
Crl.M.C. Nos.4297 & 4298 of 2008 2
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
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. The counsel submits that the petitioner wants to apply
for exemption from her personal appearance. The petitioner can
do the same. The learned Magistrate must dispose of the same
on merits and in accordance with law. No special or more
specific directions appear to be necessary.
4. These Crl.M.Cs are, in these circumstances,
dismissed, but with the above specific observations.
5. Hand over a copy of this order to the learned counsel
for the petitioner for production before the court below.
(R.BASANT, JUDGE)
rtr/-