IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 Crl.MC.No. 4308 of 2008() ------------------------- CP.174/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... (C.R.NO.46/2008 OF THIRUVALLA EXCISE RANGE) PETITIONER(S): ACCUSED: ----------------------------------------- PRAKASH.T., S/O.THNKKAN.M.N., KANJIRAPPAVIL VEEDU, NANGALI BHAGAM MURI, THIRUVALLA TALUK. 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 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4308 of 2008 ------------------------------------- Dated this the 12th day of November, 2008 ORDER Petitioner faces indictment in a prosecution under Section 8 of the Kerala Abkari Act. The petitioner has not been arrested at any stage. After cognizance was taken, the petitioner has not appeared before the learned Magistrate. Coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest in execution of such processes. Hence he has come to this Court with this petition praying for issue of directions under Section 482 Cr.P.C to the learned Magistrate to comply with the dictum in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and Sukumari v. State of Kerala [2001(1) K.L.T 22] 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. 2. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police Crl.M.C. No.4308 of 2008 2 [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 Magistracy to follow the dictum in Alice George v. The Deputy Superintendent of Police and Sukumari v. State of Kerala (supra). 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/-