IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3986 of 2008()
1. YOOSAF KURUMBAT,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
For Petitioner :SRI.P.SANJAY
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :23/10/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3986 OF 2008
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Dated this the 23rd day of October, 2008
O R D E R
Petitioner, who faces indictment as the 14th accused in a
prosecution for offences punishable, inter alia, under Section 307
read with Section 149 IPC; who was not been arrested or released
on bail at any prior stage till now; to secure whose presence in the
committal proceedings, the learned Magistrate has issued
coercive processes and who apprehends imminent arrest in
execution of such processes, has come to this court now 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.
2. 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
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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.
3. In the result, this petition is dismissed subject to the
above specific observations.
4. Hand over copy of this order to the learned counsel for
the petitioner for production before the learned Magistrate.
R. BASANT, JUDGE
ttb
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