IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4377 of 2008()
1. THULASEEDHARAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.PREMCHAND R.NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :14/11/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.4377 of 2008
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Dated this the 14th day of November 2008
O R D E R
The petitioner faces indictment in a prosecution under
Section 8 of the Kerala Abkari Act. The petitioner has not been
arrested at any stage so far. Final report has been filed.
Cognizance has been taken. Committal proceedings has been
registered. The petitioner has not entered appearance so far.
Coercive processes have been issued against the petitioner by
the learned Magistrate to procure his presence. He apprehends
imminent arrest in execution of such processes.
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.
3. Sufficient general directions have already been
issued in Alice George (Supra). It is not necessary for this
Crl.M.C.No.4377/08 2
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.
5. Hand over copy of this order to the learned counsel
for the petitioner for production before the learned Magistrate.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.4377/08 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008