IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Crl.MC.No. 3924 of 2008() ------------------------- CC.570/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER(S): ACCUSED:- ------------------------ SADANANDAN, S/O/ KUNHIRAMAN, PANDALANGATTU HOUSE,THRITHALA, MEZHATHUR, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, THRITHALA EXCISE RANGE- THROUGH, THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 31. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3924 of 2008 ---------------------------------------- Dated this the 21st day of October 2008 O R D E R The petitioner, who faces indictment in a prosecution for the offence punishable under Section 13 read with 63 of the Kerala Abkari Act; who had entered appearance before the learned Magistrate and was enlarged on bail on 25/9/2008; on whose behalf there was no representation before court on 16/10/2008 when the case was called; against whom coercive processes have been issued by the learned Magistrate to procure his presence and the case stands posted to 13/11/2008 and who apprehends imminent arrest in execution of such processes issued against him 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 [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. Crl.M.C.No.3924/08 2 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. 4. In the peculiar facts and circumstances of this case, there shall be an interim direction that the coercive processes issued against the petitioner shall not be executed till 13/11/2008. On or before that date, the petitioner shall surrender before the learned Magistrate and seek regular bail. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.3924/08 3 Crl.M.C.No.3924/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008