IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4610 of 2008()
1. SURENDRAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.K.V.ANIL KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :28/11/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.4610 of 2008
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Dated this the 28th day of November, 2008
ORDER
Petitioner faces indictment in a prosecution for the offence
punishable under Section 8 of the Kerala Abkari Act. Final
report has already been filed. Cognizance has been taken.
Committal Proceedings has been registered. The petitioner has
not been arrested nor has he appeared before any court so far.
Reckoning the petitioner as an absconding accused, coercive
processes have been issued by the learned Magistrate against
the petitioner. The petitioner, who apprehends imminent arrest
in execution of such processes, has now come to this Court with
this petition praying for issue of directions under Section 482
Cr.P.C to the learned Magistrate to comply with the dicta in
Alice George v. The Deputy Superintendent of Police [2003
(1) KLT 339] and Sukumari v. State of Kerala [2001(1) K.L.T
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.4610 of 2008 2
2. Sufficient general directions have already been issued
in Alice George v. The Deputy Superintendent of Police
[2003(1) KLT 339] and Sukumari v. State of Kerala [2001(1)
K.L.T 22]. I am not satisfied that it is necessary for this Court in
every subsequent case to issue directions under Section 482
Cr.P.C to the Magistracy to follow the dictum in Alice George v.
The Deputy Superintendent of Police and Sukumari v.
State of Kerala [2001(1) K.L.T 22]. Every court must do the
same. I have no reason to assume that the same shall not be
done. If there be non compliance, the avenues of
challenge/complaint are available for the petitioner.
3. This Crl.M.C is, in these circumstances, dismissed, but
with the above specific observations.
4. Hand over a copy of this order to the learned counsel
for the petitioner for production before the court below.
(R.BASANT, JUDGE)
rtr/-