IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 Crl.MC.No. 3538 of 2008() ------------------------- CR.NO.19/08 OF EXCISE RANGE, KASARAGOD PETITIONER: ACCUSED ------------------- NARAYANI K., AGED 61 YEARS, W/O. KUMARAN, ULLODI DESOM, BELA VILLAGE, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENTS: COMPLAINANT -STATE ------------------------------- STATE OF KERALA REPRESENTED BY PREVENTIVE OFFICER, KASARGOD EXCISE RANGE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3538 of 2008 ------------------------------------- Dated this the 22nd day of September, 2008 ORDER Petitioner, a woman, seeks direction under Section 482 Cr.P.C. She faces allegations under Section 55(a) of the Kerala Abkari Act. She was not arrested at the time of seizure. She is now willing to surrender before the learned Magistrate and seek regular bail. But she apprehends that her application for regular bail may not be considered on merits, in accordance with law and expeditiously by the learned Magistrate. She therefore prays that directions under Section 482 Cr.P.C may be issued to the court below to follow the dictum in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and to consider her application on the date of surrender itself. 2. It is for the petitioner to surrender before the learned Magistrate and seek regular bail. I am not satisfied that any specific directions deserve to be issued. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. Every court must follow those directions. It is not necessary for this Crl.M.C. No.3538 of 2008 2 Court to issue directions in every subsequent case to the subordinate Magistrates to comply with the order in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. If the learned Magistrate does not follow the same, the petitioner has avenues to complain before the superior courts. I have no reason to assume that the learned Magistrate shall not follow the same. 3. This Crl.M.C is, in these circumstances, dismissed with the above observations. 4. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-