IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Crl.MC.No. 4325 of 2008() ------------------------- AGAINST THE ORDER IN LP.229/2006 IN CP.397/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER(S): ACCUSED A1 ------------------------- SUBRAHMANYAN, S/O.BALAKRISHNAN THEKKEVILA VEEDU, POCHAMKONAM, EDAKKIDOM MURI, EZHUKONE 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 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4325 of 2008 ---------------------------------------- Dated this the 13th day of November 2008 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under Section 8 of the Kerala Abkari Act. The petitioner was not arrested at the crime stage or thereafter. Final report has been filed. Cognizance has been taken. Committal proceedings has been registered. Consequent to non- appearance of the petitioner, the case has been transferred to the list of long pending cases. Coercive processes have been issued by the learned Magistrate against the petitioner to procure his presence. The petitioner apprehends imminent arrest in execution of such processes. 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.4325/08 2 2. 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. 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 petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.4325/08 3 Crl.M.C.No.4325/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008