IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Crl.MC.No. 3951 of 2008() -------------------------------------- (IN C.P.94/08 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,THIRUVALLA) PETITIONER: ACCUSED: -------------------------------------- V.K.KRISHNANKUTTY, URUMBIL VEEDU, KUNNAM MURI, PERUMBETTY VILLAGE, MULLAPPALLY TALUK. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN IYER RESPONDENT: ----------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3951 OF 2008 ----------------------------------------------- Dated this the 22nd day of October, 2008 O R D E R Petitioner faces indictment in a prosecution under Section 8 of the Kerala Abkari Act. Investigation is complete. Final report has already been filed. Petitioner has not entered appearance so far. A summons and not a warrant was issued against the petitioner under Section 204 Cr.P.C. Petitioner appeared through counsel and prayed for time. That petition was dismissed and the learned Magistrate has issued warrant of arrest against the petitioner. 2. The petitioner submits that he is entitled to the advantage of the decision in Sreekumar v. State of Kerala [2008(3) KLT 748]; notwithstanding the issue of non bailable warrant against him on a date on which the case was posted and the petitioner could not appear. It is in these circumstances prayed that directions under Section 482 Cr.P.C may be issued to the learned Magistrate to consider the petitioner's application for regular bail on merits, in accordance with law and expeditiously on the date of Crl.M.C. No. 3951OF 2008 -:2:- surrender itself in the light of the decisions in Alice George Vs. Deputy Superintendent of Police [2003 (1) KLT 339] and Sreekumar(supra). 3. Sufficient general directions have already been issued in Alice George and Sreekumar (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 and Sreekumar (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. 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. R. BASANT, JUDGE ttb Crl.M.C. No. 3951OF 2008 -:3:- Crl.M.C. No. 3951OF 2008 -:4:- Crl.M.C. No. 3951OF 2008 -:5:-