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. 4613 of 2008() -------------------------------------- (CRIME NO.25/01 OF EXCISE RANGE OF BADIADKA) PETITIONER(S): ACCUSED: --------------------------------------- SURESH BABU, AGED 26 YEARS, S/O.KUNHIRAMAN, RESIDING AT URULALA, BEDADUKA VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, THROUGH EXCISE INSPECTOR BADIADKA RANGE, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR 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.4613 of 2008 ------------------------------------- Dated this the 28th day of November, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable under the Kerala Abkari Act. Final report has been filed. Cognizance has been taken. The case has been committed to the Court of Session. The petitioner did not appear before the court below. Consequently the case against him has been transferred to the list of Long Pending Cases. Coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is innocent. He is willing to surrender before the Investigating Officer or the learned Magistrate and seek regular bail. But he apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is therefore prayed that appropriate directions may be issued to the learned Magistrate to consider his bail application expeditiously in the light of the decision 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] . Crl.M.C. No.4613 of 2008 2 3. 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. 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/-