IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3978 of 2008()
1. JANAKI
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.A.AHZAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :23/10/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3978 OF 2008
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Dated this the 23rd day of October, 2008
O R D E R
Petitioner prays that the prosecution initiated against her
under Section 55(a) of the Kerala Abkari Act may be quashed.
After detailed discussions at the Bar, the learned counsel for the
petitioner only prays that she may be permitted to withdraw this
petition, but observations may be made directing the learned
Magistrate to consider the application for bail to be filed by the
petitioner on merits, in accordance with law and expeditiously in
the light of the decisions in Alice George Vs. Deputy
Superintendent of Police [2003 (1) KLT 339] and Sukumary
V. State of Kerala [2001(1) KLT 22].
2. No special or specific directions appear to be necessary.
Sufficient general directions have already been issued in Alice
George & Sukumary (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 & Sukumary (Supra). Every
court is bound to do the same. I have no reason to assume that
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the same shall not be done. If the directions are not complied with
the avenues of challenge/complaint are available for the petitioner.
3. With the above observations, this petition is dismissed as
withdrawn.
4. Hand over copy of this order to the learned counsel for
the petitioner for production before the learned Magistrate.
R. BASANT, JUDGE
ttb
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