IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Crl.MC.No. 4610 of 2008() ------------------------- CP.254/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... (CRIME NO.529/2006 OF EZHUKONE POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- SURENDRAN, S/O.DIVAKARAN, SARANYA BHAVAN, VATTAYATHUKALA, MAROOR MURI, ODANAVATTOM VILLAGE, KOTTARAKKARA, KOLLAM. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED 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 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4610 of 2008 ------------------------------------- Dated this the 28th day of November, 2008 ORDER Petitioner faces indictment in a prosecution for the offence punishable under Section 8 of the Kerala Abkari Act. Final report has already been filed. Cognizance has been taken. Committal Proceedings has been registered. The petitioner has not been arrested nor has he appeared before any court so far. Reckoning the petitioner as an absconding accused, coercive processes have been issued by the learned Magistrate against the petitioner. The petitioner, who apprehends imminent arrest in execution of such processes, has now come to this Court with this petition praying for issue of directions under Section 482 Cr.P.C to the learned Magistrate to comply with the dicta in Alice George v. The Deputy Superintendent of Police [2003 (1) KLT 339] and Sukumari v. State of Kerala [2001(1) K.L.T 22] and to consider his application for bail to be filed by him when he surrenders before the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. Crl.M.C. No.4610 of 2008 2 2. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and Sukumari v. State of Kerala [2001(1) K.L.T 22]. I am not satisfied that it is necessary for 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 and Sukumari v. State of Kerala [2001(1) K.L.T 22] . 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/-