IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Crl.MC.No. 3764 of 2008 --------------------------------- (CRIME NO. 728/01 OF KASARAGOD POLICE STATION) .............. PETITIONER/ 2ND ACCUSED: ------------------------------------------ SADIQUE, S/O. MOOSA, AGED 27 YEARS, BATHERI HOUSE, P.O. SHIRIYA, (VIA) KUMBLA, SHIRIYA VILLAGE, KASARAGOD. BY ADV. SRI.M.RAMESH CHANDER. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, KASARAGODE. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.3764 of 2008 ---------------------------------------- Dated this the 7th day of October 2008 O R D E R The petitioner, who faces indictment in a prosecution under Section 8(ii) of the Kerala Abkari Act; who was arrested and enlarged on bail at the crime stage; who has not entered appearance before the Sessions Court after the case was committed before the court of Session; the case against whom has been transferred to the list of long pending cases and who apprehends that he may be arrested in execution of coercive processes issued by the learned Sessions Judge has 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. 2. Sufficient general directions have already been issued in Alice George (Supra). It is not necessary for this Crl.M.C.No.3764/08 2 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 Sessions Judge. (R.BASANT, JUDGE) jsr Crl.M.C.No.3764/08 3 Crl.M.C.No.3764/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008