IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Crl.MC.No. 4218 of 2008() ------------------------- CP 2/2008 OF J.F.MC ADOOR PETITIONER(S): ACCUSED ---------------------- ANI @ SREERAJ, AGED 19 YEARS, S/O.RAJU MODIYIL VEEDU,ELAVUMTHITTA, MEZHUVELI VILLAGE. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4218 of 2008 ---------------------------------------- Dated this the 6th day of November 2008 O R D E R Against the petitioner, cognizance has been taken alleging commission of the offence punishable under Section 8 of the Kerala Abkari Act. The petitioner has not been arrested so far at the crime stage or thereafter. The learned Magistrate took cognizance and issued summons under Section 204 Cr.P.C. The petitioner appeared through counsel and applied to excuse his absence. The request was not accepted and a warrant of arrest has been issued against the petitioner. The petitioner apprehends imminent arrest. 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], Sukumari v. State of Kerala [2001(1)KLT 22]) and Sreekumar v. State of Kerala [2008(3) KLT 748] and to consider his application for bail to be filed by him when he surrenders before the learned Magistrate on merits, in Crl.M.C.No.4218/08 2 accordance with law and expeditiously - on the date of surrender itself. 3. Sufficient general directions have already been issued in Alice George, Sukumari 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 George, Sukumari 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. 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.4218/08 3 Crl.M.C.No.4218/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008