IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4429 of 2008()
1. RAJENDRAN, AGED 33 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI. K.SHAJ
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :18/11/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 4429 of 2008
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Dated this the 18th day of November, 2008
O R D E R
The petitioner, who faces indictment in a prosecution for
the offence punishable under Sections 55(a) of the Kerala Abkari
Act; who has not been arrested or released on bail so far;
against whom cognizance has been taken on the basis of the final
report and committal proceedings registered before the learned
Magistrate; against whom coercive processes have been issued
by the learned Magistrate to procure his presence in the
committal proceedings and who apprehends imminent arrest
has now come to this Court with this petition under Section 482
Cr.P.C. with a prayer that direction may be issued to ensure that
the dicta in Alice George v. Dy.S.P. of Police (2003 (1) KLT
339) and Sukumari v. State of Kerala (2001 (1) KLT 22) are
complied with and that the petitioner’s application for regular
bail is considered on merits, in accordance with law and
expeditiously – on the date of surrender itself.
Crl.M.C.No. 4429 of 2008
2
2. I am not persuaded to agree that any special or specific
direction deserves to be issued. Sufficient general directions have
already been issued by this Court in the decisions cited above. I am
not satisfied that any special or separate direction deserves to be issued
in each case to the learned Magistrate to comply with the directions
already issued. I have no reason to assume that the learned Magistrate
shall not follow the decisions referred above. If there be non-
compliance, the avenues of challenge/complaint are available to the
petitioner.
4. This application is dismissed, but with the above specific
observations.
(R. BASANT)
Judge
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