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. 3923 of 2008() ------------------------- AGAINST THE ORDER IN CP 76/04 IN LP.12/2005 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVUR .................... PETITIONER(S): ACCUSED ---------------------- ANIL KUMAR, S/O.MADASSERY DIVAKARAN, PUTHENVELIKKARA, ERNAKULAM DISTRICT. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER 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.3923 of 2008 ---------------------------------------- Dated this the 21st day of October 2008 O R D E R The petitioner, who faces indictment in a prosecution under the Kerala Abkari Act; who has not appeared before the investigating officer or the courts so far; against whom coercive processes have been issued by the learned Magistrate in the committal proceedings to procure his presence and who apprehends imminent arrest 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. 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 Crl.M.C.No.3923/08 2 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. 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.3923/08 3 Crl.M.C.No.3923/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008