IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Crl.MC.No. 3841 of 2008() ------------------------- AGAINST THE ORDER IN CP 309/2007 IN LP.140/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER(S): ACCUSED 8 AND 9 ------------------------------ 1. DARVIN, S/O. JAMES, MARY VILASOM VEEDU, ERUTHNANGADU, KAITHACODE MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA, KOLLAM. 2. ANCHALOSE, S/O. JAMES, MARY VILASOM VEEDU, ERUTHNANGADU, KAITHACODE MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA, KOLLAM. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3841 of 2008 ---------------------------------------- Dated this the 16th day of October 2008 O R D E R The petitioners, who along with the co-accused, face indictment in a prosecution under Section 55(g) of the Kerala Abkari Act; who have not been arrested and released on bail yet; who have not entered appearance before committal court so far; the case against whom has been split up and transferred to the list of long pending cases; against whom coercive processes have been issued by the learned Magistrate to procure their presence and who apprehend imminent arrest in execution of such processes have 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 in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339] and Sukumari v. State of Kerala [2001(1)KLT 22]) and to consider their application for bail to be filed by them when they surrender before the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. Crl.M.C.No.3841/08 2 2. Sufficient general directions have already been issued in Alice George and Sukumari (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 and Sukumari (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 petitioners. 3. In the result, this petition is dismissed subject to the above specific observations. Hand over copy of this order to the learned counsel for the petitioners for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.3841/08 3 Crl.M.C.No.3841/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008