IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Crl.MC.No. 4634 of 2008 --------------------------------- SC.NO.159/2004 OF ADDL. SESSIONS COURT (FAST TRACK) (ADHOC), MAVELIKKARA. .................... PETITIONER/ 2ND ACCUSED: ------------------------------------------ ANIYAN KUNJU DANIEL, KADAMBASSERIL, KOTTAKKATTU MURI, THAMARAKKULAM VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.R.PADMAKUMAR. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA,REP;BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.4634 of 2008 ---------------------------------------- Dated this the 1st day of December 2008 O R D E R There is no representation for the petitioner. I have gone through the records. The petitioner faces indictment in a prosecution for the offence punishable under the Kerala Abkari Act. The matter is pending before the Sessions Court. The petitioner was already enlarged on bail. Consequent to his non- appearance, coercive processes have been issued by the learned Magistrate to procure his presence. He apprehends imminent arrest in execution of such processes. 2. He has now 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 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. Crl.M.C.No.4634/08 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. In the result, this petition is dismissed subject to the above specific observations. 5. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.4634/08 3 Crl.M.C.No.4634/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008