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. 3743 of 2008() ----------------------------------- CRI. NO.32/02 NOW PENDING AS CP.110/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, RANNI .................... PETITIONER/ACCUSED ----------------- VARGHESE, S/O. VARGHESE, PATHALIL VEETIL, CHITTAR SEETHATHODU MURI & VILLAGE. BY ADV. SRI.V.SETHUNATH RESPONDENT/ COMPLAINANT/ STATE -------------------- 1. EXCISE INSPECTOR, EXCISE OFFICE, RANNI. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR 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.3743 of 2008 ---------------------------------------- Dated this the 7th day of October 2008 O R D E R The petitioner who faces indictment in a prosecution under the provisions of the Kerala Abkari Act; against whom cognizance has already been taken and a summons was issued at the first instance and against whom consequent to his non- appearance non-bailable warrant has been issued by the learned Magistrate to procure his presence, has come to this court with the prayer that he may be permitted to surrender before the learned Magistrate and his application for regular bail may be directed to be considered on merits, in accordance with law and expeditiously - on the date of surrender itself in the light of the decisions in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339] and Sreekumar v. State of Kerala [2008(3) KLT 748]. 2. Sufficient general directions have already been issued in Alice George (Supra) and Sreekumar (Supra). It is not necessary for this court in every subsequent case to issue directions to the Magistracy to follow the dictum in Alice Crl.M.C.No.3743/08 2 George (Supra) and Sreekumar (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. 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 petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.3743/08 3 Crl.M.C.No.3743/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008