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. 3914 of 2008() ------------------------- CP.182/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER: ------------- SAJITH, S/O.POOVAPPA SHETTY SANTHOSH NAGAR, VAMANJOOR, WARD NO.19 PACHANADY, MANGALORE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ---------------- 1. S.I. OF POLICE, MANJESWAR POLICE STATION KASARAGODE. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR, SRI. GIKKU JACOB. 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. 3914 OF 2008 ----------------------------------------------- Dated this the 20th 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; who was never arrested in the course of investigation; against whom cognizance has been taken on the basis of a final report submitted by the police; against whom after taking cognizance the learned Magistrate had issued only a summons and not a warrant under Section 204(1) Cr.P.C; who had entered appearance through counsel before the court below, but whose application to excuse absence was dismissed by the learned Magistrate on 15.09.08; against whom coercive processes have been issued by the learned Magistrate to procure his presence and who apprehends imminent arrest has 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 Sreekumar vs.State of Kerala [2008 (3) KLT 748] to consider his application for bail to be filed by him when he surrenders before the learned Magistrate on Crl.M.C. No. 3914 OF 2008 -:2:- merits, in accordance with law and expeditiously - on the date of surrender itself. 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 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. 3914 OF 2008 -:3:- Crl.M.C. No. 3914 OF 2008 -:4:-