IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4707 of 2008()
1. PRAKASH, S/O. THULASI, PARANAVAMANDIRAM
... Petitioner
2. RADHAKRISHNAN UNNITHAN,
Vs
1. STATE OF KERALA, REP. BY THE PUBLIC
... Respondent
For Petitioner :SRI.DILEEP P.PILLAI
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :04/12/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.4707 of 2008
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Dated this the 4th day of December 2008
O R D E R
The petitioner faces indictment in a prosecution for
offences punishable under the Kerala Abkari Act. Investigation
is complete. Final report has already been filed. Cognizance has
been taken. Committal proceedings has been registered. The
petitioner has not entered appearance so far. He was not
arrested at the crime stage or thereafter. Reckoning him as an
absconding accused, coercive processes have been issued 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 Sukumari v. State of Kerala [2001(1)KLT 22]) 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 – on the date of surrender
itself.
Crl.M.C.No.4707/08 2
3. Sufficient general directions have already been
issued in Alice George and Sukumari (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 and Sukumari (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.4707/08 3
Crl.M.C.No.4707/08 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008