IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 Crl.MC.No. 4295 of 2008() ------------------------- S.C.NO.1299/05 OF SESSIONS COURT, THALASSERY AT PAYYANNUR PETITIONER(S): ACCUSED --------------- THELLIKKARANTE KUTHIRUMAL RAFEEQUE AGED 25 YEARS, S/O. ABDUL RAHIMAN RAMANTHALI, KANNUR DIST. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): COMPLAINANT --------------- 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 11/11/2008 ALONG WITH CRMC.NO.4296 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. Nos.4295 & 4296 of 2008 ------------------------------------- Dated this the 11th day of November, 2008 ORDER Petitioner; who faces indictment in two separate prosecutions - one before the Assistant Sessions Judge, Payyannur for offences punishable under the Kerala Abkari Act and the other for offences punishable, inter alia, under Section 127 r/w 149 I.P.C before the Judicial Magistrate of the First Class, Payyannur; who has not entered appearance so far before the courts; and against whom coercive processes have been issued by the courts concerned and who apprehends imminent arrest in execution of such coercive processes has come to this Court with these petitions praying for issue of directions under Section 482 Cr.P.C to the courts concerned to comply with the dictum in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and to consider his applications for bail to be filed by him when he surrenders before the courts concerned on merits, in accordance with law and expeditiously - on the date of surrender itself. Crl.M.C. Nos.4295 & 4296 of 2008 2 2. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am not satisfied that it is necessary for this Court in every subsequent case to issue directions under Section 482 Cr.P.C to the Magistracy to follow the dictum in Alice George v. The Deputy Superintendent of Police . Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioner. 3. These Crl.M.Cs are, in these circumstances, dismissed, but with the above specific observations. 4. Hand over two copies of this order to the learned counsel for the petitioner for production before the courts below. (R.BASANT, JUDGE) rtr/-