IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Crl.MC.No. 3750 of 2008() ----------------------------------- CP.249/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA. CRIME NO. 268/2005 OF EZHUKONE POLICE STATION. .................... PETITIONERS/ ACCUSED 1 AND 2 ----------------------- 1. SUMESH, S/O. SURENDRAN, SUMESH BHAVAN, KYTHAKODU, PAVITHRASWARAM VILLAGE, KOLLAM DISTRICT. 2. SURESH, S/O. SURENDRAN, SUMESH BHAVAN, KYTHAKODY, PAVITHRASWARAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.SALIM P.A. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3750 of 2008 ---------------------------------------- Dated this the 7th day of October 2008 O R D E R The petitioners, who face indictment in a prosecution for offences punishable under Section 55(g) of the Kerala Abkari Act; who have not been arrested and released on bail yet and against whom non-bailable arrest warrants have been issued by the learned Magistrate to procure their presence, have 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 application 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 same. I have no reason to assume that Crl.M.C.No.3750/08 2 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) jsr Crl.M.C.No.3750/08 3 Crl.M.C.No.3750/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008