IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2363 of 2008()
1. BASHEER,S/O.IBRAHIM,C.NO.5880,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.G.G.MANOJ(STATE BRIEF0
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :18/08/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.2363 of 2008
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Dated this the 18th day of August 2008
O R D E R
In this application under Section 482 Cr.P.C the petitioner
who is an accused in four prosecutions and who has been found
guilty, convicted and sentenced in all such prosecutions prays
that the sentences imposed on him may be directed to run
concurrently and not consecutively invoking the jurisdiction
under Section 482 read with 427 Cr.P.C. The following are the
cases:
Sl. C.C.No. Name of Court Section Judg.date
No
1 353/2007 J.F.M.C, Nilambur 457,380 & 461 I.P.C 28/02/08
2 360/2007 J.F.M.C, Mananthavady 457,380 & 461 I.P.C 18/04/08
3 389/2007 J.F.M.C, Nilambur 457,380 & 461 I.P.C 12/05/08
4 378/2007 J.F.M.C, Nilambur 454,511 & 380 I.P.C 12/05/08
2. This Crl.M.C is preferred through prison authorities
by the petitioner in custody and the services of a State Brief
Counsel was assigned to the petitioner. The learned counsel for
the petitioner has been heard.
3. The learned counsel for the petitioner was requested
to explain how in the light of the decision of the Supreme Court
Crl.M.C.No.2363/2008 2
in M.R.Kudva v. State of Andhra Pradesh [AIR 2007 SC
568] and the Division Bench of this court in Sukumaran v.
State of Kerala [2008(1) KLT 732] this petition under Section
482 Cr.P.C is maintainable.
4. The learned counsel for the petitioner after taking
time to work up the legal position, fairly concedes that in the
light of these decisions this petition under Section 482 Cr.P.C is
not maintainable and the relief sought cannot be granted to the
petitioner.
5. The learned counsel for the petitioner however
submits that there may be a direction to the prison authorities to
enable the petitioner to prefer challenge against the impugned
judgments before the Sessions Court to challenge the verdict of
guilty and conviction and also to claim concurrency under
Section 427 Cr.P.C. Appropriate observations can of course be
made.
6. In the result,
a) This Crl.M.C is dismissed.
b) There shall be an observation that if the petitioner
wants to prefer appeals against the four judgments of conviction
Crl.M.C.No.2363/2008 3
and sentence referred above, the prison authorities shall enable
the petitioner opportunity to prefer such appeals through prison
authorities expeditiously forthwith.
7. Communicate the order forthwith to the prison
authorities and through them to the petitioners herein.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.2363/2008 5
R.BASANT, J.
CRL.M.C.No.2363 of 2008
ORDER
18/08/2008