IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.MC.No. 4116 of 2008() ------------------------- CRIME NO.88/98 OF CHENGANNUR EXCISE RANGE SC.408/2002 of ADDL. SESSIONS COURTS (ADHOC), MAVELIKKARA .................... PETITIONER/A1: --------------- MOBIN @ THOMAS MATHEW S/O. MATHEW, PAZHAYA PEEDIKAYIL UMAYATTUKARA MURI, THIRUVANMANDOOR VILLAGE, CHENGANNUR. BY ADV. SRI.R.SUNIL KUMAR RESPONDENT/COMPLAINANT: --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4116 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2008 O R D E R The petitioner, who faces indictment for offences punishable under the Kerala Abkari Act; whose case has been committed to the Court of Sessions; who had been granted bail by the learned Sessions Judge; who later did not appear before the learned Sessions Judge on the ground that compulsion of his employment obliged him to go abroad; against whom coercive processes have been issued and who apprehends imminent arrest in execution of such processes, has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that direction may be issued to ensure that the dictum in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) is complied with and that the petitioner's application for regular bail is considered on merits, in accordance with law and expeditiously – on the date of surrender itself. Crl.M.C.No. 4116 of 2008 2 2. I am not persuaded to agree that any special or specific direction deserves to be issued. Sufficient general directions have already been issued by this Court in the decision in Alice George (supra). I am not satisfied that any special or separate direction deserves to be issued in each case to the learned Magistrate to comply with the directions in Alice George (supra). I have no reason to assume that the learned Magistrate shall not follow the decision in Alice George (supra). If there be non-compliance, the avenues of challenge/complaint are available to the petitioner. 3. This application is dismissed, but with the above specific observations. 4. Hand over the order. (R. BASANT) Judge tm