IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Crl.MC.No. 4706 of 2008() ------------------------- LP.24/2007 OF THE ADDL.DISTRICT & SESSIONS COURT, FASTS TRACK II, ERNAKULAM. .................... PETITIONER(S): ACCUSED: ------------------------------------------ GEORGE, SON OF ISAHAK, THADATHI HOUSE, INCHATHOTTY KARA, KUTTAMPUZHA VILLAGE, KOCHI -20, KOTHAMNGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.PRAKASH P.GEORGE SRI.B.PREMNATH RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. EXCISE INSPECTOR, KOTHAMANGALM RANGE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.4706 of 2008 ---------------------------------------- Dated this the 4th day of December 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under the Kerala Abkari Act. Cognizance has been taken. Sessions Case has been registered. The petitioner had entered appearance before the Sessions Court and was enlarged on bail. But subsequently, allegedly on account of reasons beyond his control, the petitioner could not appear before the learned Sessions Judge and consequently coercive processes have been issued against the petitioner and the case against him has been transferred to the list of long pending cases. Such coercive processes are chasing the petitioner. The petitioner apprehends imminent arrest. 2. The petitioner has now come to this court with the prayer that directions under Section 482 Cr.P.C may be issued to the learned Sessions Judge to comply with the directions in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339] and to consider his application for bail to be filed by him when he surrenders before the learned Sessions Judge on merits, in accordance with law and expeditiously - on the date of surrender itself. Crl.M.C.No.4706/08 2 3. 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. 4. The petitioner has a strange request to make. I say strange because the matter is dragging on because of the absence of the petitioner. The petitioner now prays that there may be a direction for expeditious disposal of the case. It is for the petitioner, after he enters appearance before the learned Sessions Judge, to seek expeditious disposal. Appropriate order shall be passed on such application by the learned Sessions Judge. 5. In the result, this petition is dismissed subject to the above specific observations. 6. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Sessions Judge. (R.BASANT, JUDGE) jsr Crl.M.C.No.4706/08 3 Crl.M.C.No.4706/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008