IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Crl.MC.No. 4457 of 2008() ---------------------------------- CC.784/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA. CRIME NO.158/1996 OF KEEZHAYPOOR POLICE STATION. .................... PETITIONER(S): ACCUSED ---------------------- KURUVILLA VARGHESE, PEZHUMOOTTIL VEEDU, KUNNAMTHANAM, NEDUNGADUPPALLY MURI, MALLAPPALLY TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4457 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2008 O R D E R The petitioner, who faces indictment in a prosecution under Section 55(a) of the Kerala Abkari Act; who has been enlarged on bail by the learned Magistrate; who did not appear before the court from the stage of Section 313 examination; to procure whose presence coercive processes have been issued and who apprehends imminent arrest in execution of such processes, has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that direction may be issued to ensure that the dictum in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) is 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 decision in Alice Crl.M.C.No. 4457 of 2008 2 George (supra). 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 in Alice George (supra). I have no reason to assume that the learned Magistrate shall not follow the decision in Alice George (supra). If there be non-compliance, the avenues of challenge/complaint are available to the petitioner. 3. This application is dismissed, but with the above specific observations. (R. BASANT) Judge tm