IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 Crl.MC.No. 3733 of 2008() ------------------------- C.C.NO.72/94 OF J.F.C.M, CHALAKUDY PETITIONER(S): PETITIONER ------------------------- VEENUS, S/O. KOCHAPPU, ULLATTIKULAM HOUSE, PULLUR. BY ADV. SRI.K.A.SREEJITH RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY S.I.OF POLICE, CHALAKUDY REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3733 of 2008 ------------------------------------- Dated this the 5th day of November, 2008 ORDER This order must be read in continuation of the order passed earlier in this Crl.M.C on 16.10.08. Pursuant to the directions issued by this Court on 16.10.08, the learned Chief Judicial Magistrate, Trichur has conducted a detailed enquiry and has submitted a report to inform this Court that the petitioner herein is entitled for set off for the period 31.10.1996 to 13.02.1997 in C.C.No.72 of 1997 of Judicial Magistrate of the First Class, Chalakkudi. The learned Public Prosecutor raises no objection against that finding of fact. The learned counsel for the petitioner submits that the petitioner shall be satisfied if consequential directions are issued. 2. This Crl.M.C is, in these circumstances, allowed. It is held that the petitioner is entitled for set off for the period 31.10.1996 to 13.02.1997 in C.C.No.72 of 1997 of Judicial Magistrate of the First Class, Chalakkudi as he was under remand in Crime No.283 of 1994 of Anthikkad Police Station during 31.10.96 to 13.02.1997. Credit shall be given under Crl.M.C. No.3733 of 2008 2 Section 428 Cr.P.C for this period of detention pending investigation/trial. 3. Communicate a copy of the order to the prison authorities and the learned Judicial Magistrate of the First Class, Chalakkudy. Revised warrant of commitment shall be issued forthwith and the petitioner shall be given the advantage of the said directions immediately. 4. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-