IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Crl.MC.No. 4618 of 2008() ------------------------- SC.249/2007 of ADDL. SESSIONS COURT(ADHOC)III, PATHANAMTHITTA .................... (CRIME NO.26/2004 OF ARANMULA POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- SURESH, AGED 36 YEARS, S/O.KUNJU KUNJU, THADATHAKALAYIL VEEDU, ERUMAKKADU P.O., EDAYRANMULA MURI, ARANMULA VILLAGE, PATHANAMTHITTA. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4618 of 2008 ------------------------------------- Dated this the 28th day of November, 2008 ORDER Petitioner faces indictment in a prosecution under Section 55 (a) of the Kerala Abkari Act. Cognizance was taken. The case was committed to the Court of Session. The petitioner was enlarged on bail. On a date when the case was posted for trial, the petitioner was absent. His counsel applied for his absence. That application was rejected. The counsel did not offer to proceed with the trial representing the accused under Section 317 Cr.P.C. The learned Judge issued coercive processes against the petitioner to procure the presence of the petitioner. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest. 2. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am not satisfied that it is necessary for this Court in every subsequent case to issue directions under Section 482 Cr.P.C to the Subordinate Courts to follow the dictum in Alice George v. The Deputy Superintendent of Crl.M.C. No.4618 of 2008 2 Police. Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioner. 3. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-