IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Crl.MC.No. 527 of 2008() ------------------------ CC.72/1997 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY .................... PETITIONER: 3RD ACCUSED ----------------------- VEENUS, S/O.KOCHAPPU, ULLATTIKULAM HOUSE, PULLUR VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 527 of 2008 * * * * * * * * * * * * * * * * * * Dated: 14-02-2008 ORDER Petitioner who is the 3rd accused in C.C. No. 72 of 1997 on the file of the J.F.C.M., Chalakkudy for offences punishable under Sections 457, 461, 380 and 414 read with Sec. 34 I.P.C. was convicted by the trial court as per judgment dated 10-07-2000. The imprisonment granted to him was consecutive . He preferred an appeal before the Sessions Court, Thrissur as Crl. A. 378 of 2000. The said appeal was disposed of by the III Addl. Sessions Court (Adhoc) Fast Track No. I, Thrissur on 8-11-2002 whereunder the conviction was confirmed but the sentences of imprisonment were directed to run concurrently. The said judgment was confirmed by this Court in Crl.R.P. 1648 of 2002 as per order dated 15th January 2007. But both the lower appellate court as well as this Court omitted to grant set off to the petitioner under Sec. 428 Cr.P.C. Hence, this petition. 2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. It goes without saying that the petitioner is entitled to set off under Section 428 Cr.P.C. with regard to the period during which he was an undertrial prisoner in C.C. 72 of 1997 which Crl.M.C. No. 527 of 2008 -:2:- arose out of Crime No. 119 of 1994 of Chalakkudy Police Station. 3. This Crl. M.C is accordingly disposed of clarifying the said position. The Superintendent of Central Prison where the petitioner is housed shall ascertain the period of detention of the petitioner and have the same endorsed on the committal warrant pertaining to the petitioner. The registry shall communicate a copy of this order to the Superintendent, Central Prison, Viyyur. V. RAMKUMAR, (JUDGE) ani.