IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Crl.MC.No. 1567 of 2010() ------------------------------------ SC.306/2007 of II ADDL.SESSIONS COURT, ERNAKULAM. .................... PETITIONER(S): ------------------------ BALAKRISHNAN, S/O.AMBU NAMBIAR, C.NO.7068, CENTRAL PRISON, VIYYUR, THRISSUR. BY ADV. SRI.ADEEP ANWAR (STATE BRIEF) RESPONDENT(S): ------------------------- STATE OF KERALA, REPRESENTED B Y PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1567 of 2010 -------------------------------------- Dated this the 31st day of May, 2010 ORDER In this petition preferred by the first accused in SC.No.306/07 on the file of the II Additional Sessions Court, Ernakulam. The petitioner who is in Central Prison, Viyyoor contends that he was not given the benefit of set off under Section 428 of Code of Criminal Procedure. A perusal of the judgment of the trial court shows that set off has already been given by the learned Additional Sessions Judge. In fact, the petitioner who has been convicted and sentenced to murder would be entitled to set off only if the appropriate Government passes orders of remission or commutation under Section 423 or Section 433 of Code of Criminal Procedure. Until then the petitioner is not entitled to set off and the benefit of Section 428 of Code of Criminal Procedure already given to the petitioner is illegal and would be imperative subject to the above order. V.RAMKUMAR, JUDGE skj