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. 3535 of 2008() ------------------------- CP.156/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA O.R.NO.41/05 OF EXCISE RANGE, THIRUVALLA .................... PETITIONER: ACCUSED ------------------- MONIYAPPAN, AGED 36, S/O. VASU, VALLYARAYIL HOUSE, KIZHAKKUMBHAGOM MURI, NIRANNAM.P.O, THIRUVALLA. BY ADV. SRI.P.HARIDAS RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, THIRUVALLA RANGE. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR 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.3535 of 2008 ------------------------------------- Dated this the 22nd day of September, 2008 ORDER Petitioner, against whom warrant of arrest is issued by the learned Magistrate in a pending committal proceedings alleging offences punishable under Kerala Abkari Act and whose application for anticipatory bail stands rejected, has come to this Court with a prayer that the learned Magistrate may be directed to follow the dictum in Alice George v. The Deputy Superintendent of Police [2003 (1) KLT 339] and consider his application for bail on the date of surrender itself. 2. It is for the petitioner to appear before the learned Magistrate and apply for bail after giving sufficient prior notice to the prosecutor in charge of the case. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and I am not satisfied that in every subsequent case, directions must be issued to the Crl.M.C. No.3535 of 2008 2 subordinate Magistrates, to comply with the order in Alice George v. The Deputy Superintendent of Police. Every court must do the same. If there is no compliance, the parties can raise complaint before the superior courts. 3. This Crl.M.C is, in these circumstances, dismissed, but 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/-