High Court Kerala High Court

Rajendran vs State Of Kerala Represented By on 18 November, 2008

Kerala High Court
Rajendran vs State Of Kerala Represented By on 18 November, 2008
       

  

  

 
 
  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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