IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Crl.MC.No. 3891 of 2008() ------------------------- CP.32/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT- II,NEYYATTINKARA .................... PETITIONER(S): 3RD & 4TH ACCUSED -------------------------------- 1. MANOJ AGED 24 YEARS, S/O. BABU, THIRUVONAM VEEDU, CHENKAVILA DESOM, CHENKAVILA VILLAGE. 2. SUBEESH, AGED 31 YEARS, S/O. NAKULAN, KALLAMPOTTA VEEDU, CHOOZHAL DESOM, KOLLAMKODU VILLAGE, VILAVANKODU TALUK, KANYAKUMARI DISTRICT. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING, THE SUB INSPECTOR OF POLICE POOVAR POLICE STATION. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3891 of 2008 ---------------------------------------- Dated this the 20th day of October 2008 O R D E R The petitioners are accused 3 and 4 and they along with the co-accused face indictment in a prosecution for the offence punishable under Section 8 of the Kerala Abkari Act. Investigation is complete. Final report has already been filed. The petitioners have not been arrested or released on bail so far. Cognizance has been taken. Committal proceedings has been registered. The petitioners have not entered appearance so far. Coercive processes have been issued against the petitioners by the learned Magistrate. Such processes are chasing the petitioners. The petitioners, 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.3891/08 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. 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.3891/08 3 Crl.M.C.No.3891/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008