IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Crl.MC.No. 3570 of 2008() ------------------------- CP.155/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA CRIME NO.874/03 OF KOTTARAKKARA POLICE STATION .................... PETITIONER(S): ACCUSED NO.3 --------------- MADHUSOODANAN PILLAI, AGED 46 YEARS, S/O.KUNHIRAMAN NAIR, VADAKKADATHU VEEDU, THETTIYODU MURI, VETTIKKAVALA VILLAGE, KOTTARAKKARA, KOLLAM. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS(S): COMPLAINANT ---------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3570 of 2008 ------------------------------------- Dated this the 24th day of September, 2008 ORDER Petitioner faces indictment in a prosecution alleging offences punishable under the Abkari Act. Final report has already been filed. Cognizance has been taken. Committal Proceedings is pending. The petitioner was never arrested. Coercive processes have been issued against him. 2. The petitioner now wants to surrender before the learned Magistrate. He has come to this Court with a prayer that directions under Section 482 Cr.P.C may be issued to direct the learned Magistrate to comply with the dictum in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and to dispose of his application for bail on merits, in in accordance with law and expeditiously - on the date of surrender itself. 3. I am of opinion that it is not necessary to issue specific or special directions in each case to the Magistracy to comply with the dictum in Alice George v. The Deputy Crl.M.C. No.3570 of 2008 2 Superintendent of Police [2003(1) KLT 339]. Every court must comply with such directions. I have no reason to assume that the learned Magistrates are not aware of the law or shall not comply with the same. If there be non compliance, the petitioner has the avenues of challenge and complaint. 4. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 5. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-