Kerala High Court
Rahim Haji @ Rahim Hamsa vs State Of Kerala on 16 October, 2008
Author: R. Basant
Bench: R.Basant
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3856 of 2008()
1. RAHIM HAJI @ RAHIM HAMSA
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.P.BABU
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :16/10/2008
O R D E R
R. BASANT, J.
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Crl.M.C. Nos. 3856 & 3859 OF 2008
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Dated this the 16th day of October, 2008
O R D E R
The common petitioner in these two Crl.MCs faces indictment in two separate prosecutions both under Section 138 of the Negotiable Instruments Act pending before the Judicial First Class Magistrate Court-II, Muvattupuzha. Cognizance has already been taken. Accused has entered appearance and has been enlarged on bail. He has engaged counsel also. But when the case came up for consideration on 18.08.08 petitioner was absent. Application was filed to adjourn the case. That was rejected. Non bailable warrants of arrests have been issued against the petitioner. Petitioner apprehends imminent arrest. Learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence are not willful or deliberate. He is willing to surrender. But he apprehends remand to custody if he surrenders before the learned Magistrate. Thus the petitioner has 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 Crl.M.C. Nos. 3856 & 3859 OF 2008 -:2:- [2003(1)KLT 339] and to consider the 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 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.
Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate.
R. BASANT, JUDGE ttb Crl.M.C. Nos. 3856 & 3859 OF 2008 -:3:- Crl.M.C. Nos. 3856 & 3859 OF 2008 -:4:- Crl.M.C. Nos. 3856 & 3859 OF 2008 -:5:-