IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Crl.MC.No. 4463 of 2008() ------------------------- CP.44/2008 of JUDICIAL MAGISTRATE OF FIRST CLASS-II,MAVELIKKARA .................... PETITIONER(S): FIRST ACCUSED ---------------------------- RIJU THOMAS, S/O THOMAS, PALAMATTAM HOUSE, CHUNDIYIL MURI, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENT(S): STATE -------------------- 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 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4463 of 2008 ------------------------------------- Dated this the 20th day of November, 2008 ORDER Petitioner faces indictment in a prosecution for the offence punishable under Section 55(a) of the Kerala Abkari Act. At the crime stage, he was arrested and was enlarged on bail, it is submitted. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal Proceedings has been registered. The petitioner has not entered appearance so far. Coercive processes have been issued against the petitioner. The petitioner, who apprehends imminent arrest in execution of such processes, 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 dicta in Alice George v. The Deputy Superintendent of Police [2003 (1) KLT 339] and Sukumari v. State of Kerala [2001(1) K.L.T 22] 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.4463 of 2008 2 2. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and Sukumari v. State of Kerala [2001(1) K.L.T 22]. 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 and Sukumari v. State of Kerala [2001(1) K.L.T 22] . 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/-