IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 Crl.MC.No. 4024 of 2008() ----------------------------------- C.R. NO.43/2002 OF ADOOR EXCISE RANGE PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR. ....................... PETITIONER/ ACCUSED A2: --------------------------------------- SIVADASAN, S/O.LATE NANU, MEENATHETHIL PADINJARE VEEDU, MUDIYURKONAM MURI, PANDALAM VILLAGE, ADOOR. BY ADV. SRI.AJITH MURALI RESPONDENT/ COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 4024 OF 2008 ----------------------------------------------- Dated this the 28th day of October, 2008 O R D E R The petitioner who faces indictment in a prosecution under Section 8 of the Kerala Abkari Act; whose co-accused, his own mother, has expired; who has not been arrested at any prior stage; against whom cognizance has already been taken by the learned Magistrate and coercive processes were issued and who apprehends imminent arrest in execution of such processes has now come 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 Sukumary 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. 2. Sufficient general directions have already been issued in Alice George & Sukumary (Supra). It is not necessary for this Crl.M.C. No. 4024 OF 2008 -:2:- 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 the same shall not be done. If the directions are not complied with the avenues of challenge/complaint are available for the petitioner. 3. In the result, this petition is dismissed subject to the above specific observations. 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. 4024 OF 2008 -:3:- Crl.M.C. No. 4024 OF 2008 -:4:-