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Shyju vs State Of Kerala on 1 December, 2008

Kerala High Court
Shyju vs State Of Kerala on 1 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4640 of 2008()


1. SHYJU, S/O. VARGHESE, PANAKKAPARMBU
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :01/12/2008

 O R D E R
                        R.BASANT, J.
                      ----------------------
                    Crl.M.C.No.4640 of 2008
                   ----------------------------------------
            Dated this the 1st day of December 2008

                              O R D E R

The petitioner faces indictment in a prosecution for the

offence punishable under Section 392 read with 34 I.P.C.

Investigation is complete. Final report has already been filed.

Calender case has been registered. The petitioner has not been

arrested or released on bail so far. Reckoning the petitioner as

an absconding accused, coercive processes have been issued by

the learned Magistrate to procure his presence. The petitioner

apprehends imminent arrest in execution of such processes.

2. The petitioner has now 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 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.

Crl.M.C.No.4640/08 2

3. 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.

4. In the result, this petition is dismissed subject to the

above specific observations.

5. 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.4640/08 3

Crl.M.C.No.4640/08 4

R.BASANT, J.

CRL.M.C.No. of 2008

ORDER

09/07/2008

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