IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 36161 of 2010(U) ------------------------------------- CC.122/2006 of J.M.F.C., RAMANKARI .................... PETITIONER(S): ------------------------ RAJAPPAN, S/O. KESAVAN, AGED 45, PALATHARA HOUSE, NEELAMPEROOR KUTTANAD. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HOME (B) DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, KAINADY POLICE STATION, ALAPPUZHA. BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOMAS P.JOSEPH, J. ==================================== W.P(C) No.36161 of 2010 ==================================== Dated this the 14th day of March, 2011 J U D G M E N T Petitioner is convicted and sentenced to undergo imprisonment for offence punishable under Section 55(g) of the Abkari Act. Petitioner moved the State Government under Section 433 of the Code of Criminal Procedure for remission of sentence on account of his illness (Ext.P4). Government has not so far passed any order on Ext.P4, representation. Prayer in this petition is to keep in abeyance execution of sentence in C.C. No.122 of 2006 of the court of learned Judicial First Class Magistrate, Ramankari as confirmed in Crl. Appeal No.135 of 1998 of the Court of learned Sessions Judge, Alappuzha and Crl. R.P. No.542 of 2002 of this Court until the State Government passed orders on Ext.P4, representation since otherwise Ext.P4, will become infructuous. I have heard learned Public Prosecutor also. Learned Public Prosecutor pointed out that as seen from Ext.P6, Additional Chief Secretary to the State Government requested petitioner to furnish to the Government attested copies of judgments in respect of the cases and co-operate with the police authorities for producing W.P(C) No.36161 of 2010 -: 2 :- petitioner before the Medical Board for examination of his health condition. Learned counsel for petitioner submitted that on 07.12.2010 petitioner appeared before the Medical Board which has examined the petitioner. 2. Petitioner if he has not complied with the directions in Ext.P6 shall do so within a month from this day. The State Government shall dispose of Ext.P4, representation within three months from this day. Execution of sentence on petitioner, in C.C. No.122 of 2006 of the court of learned Judicial First Class Magistrate, Ramankari will stand in abeyance for the said period of three months or till the State Government passed appropriate orders on Ext.P4, whichever is earlier. In case Ext.P4, representation is not disposed of by the State Government within the said period of three months it is open to the petitioner to move appropriate application in this Court. With the above observation this Writ Petition is closed. THOMAS P. JOSEPH, JUDGE. vsv