IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Crl.MC.No. 3978 of 2008() -------------------------------------- (C.P.NO.134/2008 IN CRIME NO.976/2006 OF KARUKAPPILLY POLICE STATION) PETITIONER(S): ACCUSED: ---------------------------------------- JANAKI, D/O.KALI, AGED 45 YEARS, LEVALAYAM, NEAR PUTHUSSERY JUNCTION, MANAPPALLY THEKKU, PAVUMBA VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.A.AHZAR RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3978 OF 2008 ----------------------------------------------- Dated this the 23rd day of October, 2008 O R D E R Petitioner prays that the prosecution initiated against her under Section 55(a) of the Kerala Abkari Act may be quashed. After detailed discussions at the Bar, the learned counsel for the petitioner only prays that she may be permitted to withdraw this petition, but observations may be made directing the learned Magistrate to consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously in the light of the decisions in Alice George Vs. Deputy Superintendent of Police [2003 (1) KLT 339] and Sukumary V. State of Kerala [2001(1) KLT 22]. 2. No special or specific directions appear to be necessary. Sufficient general directions have already been issued in Alice George & Sukumary (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 & Sukumary (Supra). Every court is bound to do the same. I have no reason to assume that Crl.M.C. No. 3978 OF 2008 -:2:- the same shall not be done. If the directions are not complied with the avenues of challenge/complaint are available for the petitioner. 3. With the above observations, this petition is dismissed as withdrawn. 4. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. R. BASANT, JUDGE ttb Crl.M.C. No. 3978 OF 2008 -:3:- Crl.M.C. No. 3978 OF 2008 -:4:-