IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 Crl.MC.No. 2312 of 2008() ------------------------- ST.342/2005 of JUDL.MAGISTRATE OF FIRST CLASS, PALA .................... PETITIONER: ------------ SASIMANI, S/O. VELYUDHAN.R., R.V.BHAVAN,RAMAPURAM BAZAR P.O. BY ADV. SRI.SURESH JOSE RESPONDENTS: ------------- 1. M.P.RAJAN, MARUTHAPATHICKAL HOUSE PALA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2312 of 2008 ---------------------------------------- Dated this the 30th day of June 2008 O R D E R The grievance of the petitioner is that no free copy was issued to his counsel when judgment of conviction and sentence was pronounced in 138 prosecution on 2/4/2008 in his absence. 2. The report of the learned Magistrate was called for. The learned Magistrate reports that nobody wanted free copy to be furnished to the counsel on 02/04/2008 or on any later date. It is true that the counsel for the petitioner applied for certified copy on 18/6/2008; but he or his counsel had not requested for a free copy. Though the free copy was ready, it was not taken by the counsel. At any rate, the controversy has now become irrelevant inasmuch as it is reported that a copy has already been given to the petitioner. The petitioner has preferred an appeal also along with an application for condonation of delay and the appeal stands posted to 8/8/2008, it is submitted. 3. I am satisfied that this Crl.M.C can be allowed in part. A direction is issued that the sentence imposed in the petitioner shall not be executed till 15/8/2008. In the meantime, the Crl.M.C.No.2312/08 2 learned Sessions Judge, Kottayam must pass appropriate orders in the application for suspension of sentence filed by the petitioner in Crl.A.No.405/2008. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.2312/08 3 Crl.M.C.No.2312/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007