IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3637 of 2008()
1. SULAIMAN SAIT, S/O. MOOSA SAIT,
... Petitioner
Vs
1. SHAMSUDEEN @ SHAMSU,
... Respondent
2. STATE OF KERALA, REPRESENTED
For Petitioner :SRI.P.M.JOSHI
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :26/09/2008
O R D E R
R.BASANT, J
------------------------------------
Crl.M.C. No.3637 of 2008
-------------------------------------
Dated this the 26th day of September, 2008
ORDER
Petitioner, who faces indictment in a prosecution under
Section 138 of the Negotiable Instruments Act, who has already
been released on bail; the case against whom has now been
transferred to the list of Long Pending Cases consequent to his
failure to appear before the learned Magistrate and against
whom coercive processes have been initiated by the court, has
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.3637 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/-