IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Crl.MC.No. 4429 of 2008() ------------------------- CRIME NO. 113/06 OF ADOOR EXCISE RANGE CP.152/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER(S): ACCUSED ---------------------- RAJENDRAN, AGED 33 YEARS, S/O.GOPALAN, NENMANITHEKKATHIL, POOZHIKKADU, PANDALAM. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): --------------- 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 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4429 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2008 O R D E R The petitioner, who faces indictment in a prosecution for the offence punishable under Sections 55(a) of the Kerala Abkari Act; who has not been arrested or released on bail so far; against whom cognizance has been taken on the basis of the final report and committal proceedings registered before the learned Magistrate; against whom coercive processes have been issued by the learned Magistrate to procure his presence in the committal proceedings and who apprehends imminent arrest has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that direction may be issued to ensure that the dicta in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) and Sukumari v. State of Kerala (2001 (1) KLT 22) are complied with and that the petitioner's application for regular bail is considered on merits, in accordance with law and expeditiously – on the date of surrender itself. Crl.M.C.No. 4429 of 2008 2 2. I am not persuaded to agree that any special or specific direction deserves to be issued. Sufficient general directions have already been issued by this Court in the decisions cited above. I am not satisfied that any special or separate direction deserves to be issued in each case to the learned Magistrate to comply with the directions already issued. I have no reason to assume that the learned Magistrate shall not follow the decisions referred above. If there be non- compliance, the avenues of challenge/complaint are available to the petitioner. 4. This application is dismissed, but with the above specific observations. (R. BASANT) Judge tm