The petitioner, who faces indictment in a prosecution
under Section 138 of the N.I. Act; who has not been arrested or
released on bail so far; against whom coercive processes have
now been issued by the learned Magistrate and who apprehends
imminent arrest, has now come to this Court with this petition
under Section 482 Cr.P.C. with a prayer that directions may be
issued to ensure that the dicta in Alice George v. Dy.S.P. of
Police (2003 (1) KLT 339) and Jain Babu v. Joseph (2008 (4)
KLT 16) are complied with and that the petitioner's application
for regular bail is considered on merits, in accordance with law
and expeditiously - on the date of surrender itself.
2. I am not persuaded to agree that any special or specific
direction deserves to be issued. Sufficient general directions
have already been issued by this Court in the decisions cited
above. I am not satisfied that any special or separate direction
deserves to be issued in each case to the learned Magistrate to
comply with the directions already issued. I have no reason to assume
that the learned Magistrate shall not follow the decisions referred
above. If there be non-compliance, the avenues of challenge/complaint
are available to the petitioner.
4. This application is dismissed, but with the above specific
observations.
(R. BASANT)
Judge