IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Crl.MC.No. 3979 of 2008() ------------------------- CP.189/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... (C.R.NO.39/2002 OF ADOOR EXCISE RANGE) PETITIONER(S): ACCUSED: ----------------------------------------- MURALEEDHARAN, S/O.RAGHAVAN, AGED 39 YEARS, SADANATHIL HOUSE, PUTHUMALA MURIYIL, AZHAMKULAM VILLAGE, ADOOR TALUK. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): ---------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3979 OF 2008 ----------------------------------------------- Dated this the 23rd day of October, 2008 O R D E R Petitioner who faces indictment in a prosecution for offences punishable under Section 8 of the Kerala Abkari Act; who has not been arrested so far at any stage; cognizance against whom has already been taken by the learned Magistrate; to procure whose presence, coercive processes have been issued against the petitioner by the learned Magistrate 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 Sukumary V. State of Kerala [2001(1) KLT 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 & Sukumary (Supra). It is not necessary for this court in every subsequent case to issue directions to the Crl.M.C. No. 3979 OF 2008 -:2:- Magistracy to follow the dictum in Alice George and Sukumary (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. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. R. BASANT, JUDGE ttb Crl.M.C. No. 3979 OF 2008 -:3:- Crl.M.C. No. 3979 OF 2008 -:4:-