IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Crl.MC.No. 4005 of 2008() ----------------------------------- CRIME NO.16/2002 OF RAILWAY POLICE STATION , KOLLAM. S.C. NO.1103/04 OF ADDL. SESSIONS COURT FAST TRACK-III, KOLLAM .... PETITIONER(S): ACCUSED ------------------------ RAJESH , S/O. RAMANUJAN, AGED 39 YEARS, RESIDING AT KALLUVETTUMVILA VEEDU, KILIMATTOM P.O., VANKADAVU, MOONGODU, MANAMBOOR VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD RESPONDENT(S): COMPLAINANT ------------------------- STATE OF KERALA REP.BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4005 of 2008 ---------------------------------------- Dated this the 24th day of October 2008 O R D E R The petitioner, who faces indictment in a prosecution under the Kerala Abkari Act; whose case has already been committed to the court of Session; who was enlarged on bail at the Sessions Court; who was unable to appear thereafter before the court allegedly because of the compulsions of his employment abroad; whose case has now been transferred to the list of long pending cases; against whom coercive processes have been issued by the learned Magistrate to procure his presence and who apprehends imminent arrest in execution of such processes 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.4005/08 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. 4. The learned counsel for the petitioner submits that there is no incumbent occupying the chair of the Additional Sessions Judge, Fast Track-III, Kollam and in these circumstances, the petitioner is unable to surrender before that court. There must be a court in charge of the case and it is for the petitioner to surrender before such court holding charge and seek regular bail. 5. The petitioner has a further prayer that his case may be directed to be disposed of expeditiously. After discussions at the Bar, learned counsel for the petitioner submits that the petitioner shall move the Sessions Court to withdraw the case from the Fast Track Court-III, Kollam in which there is no Crl.M.C.No.4005/08 3 Presiding Officer now and to make a request to transfer the case to some other court to secure the interests of an early disposal. The petitioner can take appropriate steps. The learned Sessions Judge shall consider the same and pass appropriate orders. 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.4005/08 4 Crl.M.C.No.4005/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008