IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Crl.MC.No. 4637 of 2008 ---------------------------------- SC.NO.441/2007 OF ADDL. SESSIONS COURT(FAST TRACK-III), PATHANAMTHITTA .................... PETITIONER/ ACCUSED NO.3: ------------------------------------------- SURESH KUMAR, AGED 36 YEARS, S/O. LAKSHMANANPILLA, SURESH BHAVANAM, AZZOOR, KOZHENCHERRY TALUK, PATHANAMTHITTA. BY ADV. SRI.AJITH MURALI. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.4637 of 2008 ---------------------------------------- Dated this the 1st day of December 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under the Kerala Abkari Act. The case has been committed to the court of Session. The petitioner had entered appearance and was enlarged on bail. On a later date of posting, though he had appeared through counsel and applied, the application was rejected and a non-bailable warrant has been issued against the petitioner. Such warrant is chasing the petitioner. The petitioner apprehends imminent arrest. 2. The petitioner has now 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.4637/08 2 3. 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. In the result, this petition is dismissed subject to the above specific observations. 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.4637/08 3 Crl.M.C.No.4637/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008