IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Crl.MC.No. 3912 of 2008() ------------------------- CP.23/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... PETITIONERS: --------------- 1. RAMDAS. S/O.HARIDAS, BABU MANDIRAM, THRIKKANNAPURAM, MUDAYIL MURI, KUMMIL VILLAGE 2. LITHIN @ PODIMON, S/O.THULASEEDHARAN VENNIYODU VEEDU, MUDAYIL MURI, KUMMIL VILLAGE 3. LINEESH, S/O.THULASEEDHARAN LOVELY BHAVAN, MUDAYIL MURI, KUMMIL VILLAGE. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: --------------- 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 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3912 OF 2008 ----------------------------------------------- Dated this the 20th day of October, 2008 O R D E R The petitioners, who faced indictment in a prosecution under Section 55 (g) of the Kerala Abkari Act; who have not been arrested in the course of the investigation; against whom final report has already been filed and cognizance taken; reckoning whom as absconding accused, coercive processes have now been issued against the petitioners by the learned Magistrate and who apprehend imminent arrest in execution of such processes have 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 their applications 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. 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 Crl.M.C. No. 3912 OF 2008 -:2:- 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 petitioners for production before the learned Magistrate. R. BASANT, JUDGE ttb Crl.M.C. No. 3912 OF 2008 -:3:- Crl.M.C. No. 3912 OF 2008 -:4:-