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. 4010 of 2008() ------------------------------------ C.C.91/2004 OF THE CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD. .... PETITIONER(S): ACCUSED 2 & 3 --------------------- 1. JAYARAJ HARIDAS, MANAGING PARTNER, SRI.GANESH TRADERS, P.T.USHA ROAD, CALICUT 23. 2. M/S.SRI.,GANESH TRADERS, 9/235, MARIKKAR LANE, BIG BAZAAR, CALICUT, REP.BY ITS MANAGING PARTNER, JAYARAJ HARIDAS. BY ADV. SRI.V.V.SURENDRAN RESPONDENT(S): COMPLAINANT AND STATE -------------------------- 1. A.B.ALIKUNJU, FOOD INSPECTOR, PALAKKAD MUNICIPALITY. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSEUCTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJED ALI 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. 4010 of 2008 ---------------------------------------- Dated this the 24th day of October 2008 O R D E R The petitioners, who face indictment in a prosecution under the provisions of Prevention of Food Adulteration Act; who had entered appearance and was enlarged on bail by the learned Magistrate; who could not appear before the learned Magistrate on a given date of posting; whose application for condonation of their absence was dismissed by the learned Magistrate; against whom coercive processes have been issued by the learned Magistrate to procure their presence and who apprehend imminent arrest in execution of such processes have 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 their application for bail to be filed by them when they surrender before the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. Crl.M.C.No.4010/2008 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 petitioners. 3. In the result, this petition is dismissed subject to the above specific observations. 4. In the peculiar facts and circumstances of this case, there shall be an interim direction that the warrants of arrest issued against the petitioners shall not be executed till 10/11/2008. On or before that date, the petitioners shall surrender before the learned Magistrate and seek regular bail. 5. Hand over copy of this order to the learned counsel for the petitioners for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.4010/2008 3 Crl.M.C.No.4010/2008 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008