IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 Crl.MC.No. 4313 of 2008() ------------------------- CC.784/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... (CRIME NO.158/1996 OF KEEZHVAYPOOR POLICE STATION) PETITIONER(S): ACCUSED: ------------------------------------------ KURUVILLA VARGHESE, PEZHUMMOOTTIL VEEDU, KUNNAMTHANAM, NEDUGADUPPALLY MURI, MALLAPPALLY TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT(S): 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 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4313 of 2008 ------------------------------------- Dated this the 12th day of November, 2008 ORDER Petitioner faces indictment in a prosecution under Section 55 (a) of the Kerala Abkari Act. The petitioner was not arrested at the crime stage or thereafter. Cognizance has been taken. The petitioner has not entered appearance so far. Consequent to his non appearance, coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner apprehends imminent arrest. The petitioner has now come to this Court with this petition praying for issue of directions under Section 482 Cr.P.C to the learned Magistrate to comply with the dictum in Alice George v. The 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. 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 Crl.M.C. No.4313 of 2008 2 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. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-