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
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
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.
CRL.M.C.No. of 2008