IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 3347 of 2008(W) ------------------------- SC.929/2006 of ADDL. DISTRICT COURT (ADHOC), THALASSERY .................... PETITIONER: 1ST ACCUSED ----------------------- PANAKKADA RAJESH, AGED 30, S/O. SASIDHARAN, RURAL WORKERS COLONY, ELAYACOOR P.O., KANNUR TALUK, KANNUR DISTRICT. BY ADV. SRI.H.BADARUDDIN SRI.C.A.JOSEPH RESPONDENTS: COMPLAINANT & STATE -------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.3347 of 2008 ---------------------------------------- Dated this the 4th day of February 2008 J U D G M E N T The short grievance of the petitioner is that though he has already undergone pre-trial detention for a period exceeding 400 days and the learned Additional Sessions Judge Adhoc-I has sentenced him to undergo R.I for a maximum period of one year only, the warrant of arrest is unnecessarily issued against the petitioner. 2. It is for the petitioner to appear before the learned Additional Sessions Judge Adhoc-I, Thalassery and apprise the learned Magistrate of the fact that if the period of remand were set off, he will not be bound to undergo any further sentence of imprisonment. The petitioner can appear before the learned Sessions Judge through counsel and advance this contention. If such a petition is filed, the learned Sessions Judge shall consider the matter on merits and pass a reasoned order. Only thereafter shall the sentence be executed. 3. This writ petition is allowed to the above extent. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr W.P.C.No. 2 W.P.C.No. 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007