IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 CRL.MC.NO. 1190 OF 2011() ------------------------- CRA.105/2011 OF SESSIONS COURT, KASARAGOD .................... PETITIONER(S): (12TH ACCUSED) ------------------------------------------------- SANKAR, S/O.ARUMUKHAN, AGED 30 YEARS, PALLIKOODATHERU, PEELAMED, TAMILNADU. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE ------------------------------------- 1. THE STATE OF KERALA, THROUGH THE DEPUTY SUPERINTENDENT OF POLICE KANHANGAD, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, BAKEL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1190 of 2011 ==================================== Dated this the 11th day of April, 2011 O R D E R Petitioner is the 12th accused in C.C. No.818 of 2009 of the court of learned Judicial First Class Magistrate-II, Hosdurg arising from the final report in Crime No.221 of 2009 of Bakel Police Station for offences punishable under Sections 457, 380, 461, 411, 414 and 120B read with Section 34 of the Indian Penal Code. Case is that accused 1 to 7 and 13 trespassed into the North Malabar Gramin Bank and committed theft of gold ornaments and money and that petitioner knowing the same received Rupees Twelve lakhs from the third accused who raised it by sale of the stolen articles and thus committed offences under Secs.411 and 412 of the IPC. Learned Magistrate convicted petitioner for the said offences and sentenced him to undergo rigorous imprisonment. Petitioner challenged his conviction and sentence in appeal (Crl.Appeal No.105 of 2011) and filed petition to suspend the sentence. Grievance of petitioner is that the said appeal and Crl.M.P. No.979 of 2011 for suspension of sentence are posted on 25.06.2011. Petitioner wants a direction to the learned Assistant CRL.M.C. No.1190 of 2011 -: 2 :- Sessions Judge for early hearing of Crl.M.P. No.979 of 2011. Having regard to the circumstances stated I am inclined to issue a direction to the learned Assistant Sessions Judge. Resultantly, Criminal Miscellaneous Case is allowed. Learned Assistant Sessions Judge, Kasargod is directed to advance hearing of C.M.P. No.979 of 2011 in Crl. Appeal No.105 of 2011 of that court and pass appropriate orders as early as possible bearing in mind that the petitioner is in custody. If the court of learned Assistant Sessions Judge is closed for vacation, petitioner can move appropriate petition for withdrawal of the appeal/petition for suspension of sentence before the learned Sessions Judge and seek appropriate orders as provided under law. THOMAS P. JOSEPH, JUDGE. vsv