IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Crl.MC.No. 4377 of 2008() --------------------------------------- (C.R.NO.43 OF 2005 OF CHADAYAMANGALAM EXCISE RANGE) (C.P.NO.82 OF 2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOTTARAKKARA) ............ PETITIONER(S): ACCUSED: ----------------------------------------- THULASEDHARAN, S/O.SREEDHARAN ACHARI, SAJISADANAM VEEDU, ODANAVATTOM VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.PREMCHAND R.NAIR RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, CHADAYAMANGALAM EXCISE RANGE, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.4377 of 2008 ---------------------------------------- Dated this the 14th day of November 2008 O R D E R The petitioner faces indictment in a prosecution under Section 8 of the Kerala Abkari Act. The petitioner has not been arrested at any stage so far. Final report has been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioner has not entered appearance so far. Coercive processes have been issued against the petitioner by the learned Magistrate to procure his presence. He apprehends imminent arrest in execution of such processes. 2. The petitioner has now 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 his application for bail to be filed by him when he surrenders before the learned Magistrate on merits, in accordance with law and expeditiously. 3. Sufficient general directions have already been issued in Alice George (Supra). It is not necessary for this Crl.M.C.No.4377/08 2 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 the same shall not be done. If the directions are not complied with the avenues of challenge/complaint are available for the petitioner. 4. In the result, this petition is dismissed subject to the above specific observations. 5. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.4377/08 3 Crl.M.C.No.4377/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008