IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4637 of 2008()
1. SURESH KUMAR, AGED 36 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.AJITH MURALI
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :01/12/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.4637 of 2008
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Dated this the 1st day of December 2008
O R D E R
The petitioner faces indictment in a prosecution for
offences punishable under the Kerala Abkari Act. The case has
been committed to the court of Session. The petitioner had
entered appearance and was enlarged on bail. On a later date of
posting, though he had appeared through counsel and applied,
the application was rejected and a non-bailable warrant has been
issued against the petitioner. Such warrant is chasing 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] 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.4637/08 2
3. 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
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.
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.4637/08 3
Crl.M.C.No.4637/08 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008