IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Crl.MC.No. 4363 of 2008 --------------------------------- ( CRIME NO. 65/2004 OF EZHUKONE POLICE STATION ) ............ PETITIONER/ ACCUSED-A1: ---------------------------------------- JOSEMON, S/O JOHNSON, ABHILASH BHAVAN, ERUTHANANGADU, KAITHACODE MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA, KOLLAM. BY ADV. SRI.K.V.ANIL KUMAR. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZER. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.4363 of 2008 ---------------------------------------- Dated this the 14th day of November 2008 O R D E R The petitioner faces indictment in a prosecution under the Kerala Abkari Act. Crime was registered as early as in 2004. The petitioner has not entered appearance so far before the investigating officer or the learned Magistrate. Committal proceedings was registered. The same stands transferred to the list of long pending cases. Consequent to failure of the petitioner to appear before the learned Magistrate, coercive processes have been issued against 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 Sukumari v. State of Kerala [2001(1)KLT 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.4363/08 2 2. Sufficient general directions have already been issued in Alice George and Sukumari (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 and Sukumari (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. 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.4363/08 3 Crl.M.C.No.4363/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008