IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Crl.MC.No. 3609 of 2008() ------------------------- LP.12/2006 OF THE ADDL. DISTRICT AND SESSIONS COURT(AD-HOC) III, NORTH PARAVUR .................... PETITIONER(S): ACCUSED ---------------------- ANIL KUMAR, S/O.MADASSERY DIVAKARAN, PUTHENVELIKKARA, ERNAKULAM DISTRICT. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): COMLAINANT ------------------------- STATE OF KERALA REP;BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3609 of 2008 ------------------------------------- Dated this the 25th day of September, 2008 ORDER Petitioner who faces indictment in a prosecution under the Kerala Abkari Act; who was earlier enlarged on bail by the learned Magistrate; the case against whom has already been committed to the Court of Session; against whom coercive processes have been issued by the learned Sessions Judge to secure his presence and whose case has been transferred to the list of Long Pending Cases, has come to this Court with this petition praying for issue of directions under Section 482 Cr.P.C to the learned Sessions Judge to comply with the dictum in Alice George v. The 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 v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am not satisfied that it is necessary for Crl.M.C. No.3609 of 2008 2 this Court in every subsequent case to issue directions under Section 482 Cr.P.C to the Magistracy to follow the dictum in Alice George v. The Deputy Superintendent of Police . Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioner. 3. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-