IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Crl.MC.No. 3131 of 2008() ------------------------- SC NOS. 46, 389 AND 425 OF 2005 OF ADDL. SESSIONS COURT, ADHOC-II, KALPETTA. PETITIONER(S): PETITIONER ------------------------- GOPAN @ GOPAKUMAR, C.NO.3768, S/O.KUTTAN PILLA, CENTRAL PRISON, KANNUR . BY ADV. SRI.D.AJITHKUMAR RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3131 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of September, 2008 O R D E R The petitioner, a prisoner in custody, has filed this petition before this Court claiming that the sentences of imprisonment which have been imposed on him in three different cases by the Subordinate courts, two of which have been upheld by this Court, may be directed to run concurrently. 2. The petitioner was found guilty, convicted and sentenced in S.C.425 of 2005 by the Additional Sessions Court (Adhoc), Kalpetta under Section 8 of the Kerala Abkari Act to undergo R.I. for a period of one year and to pay a fine of Rs.1,00,000/- and in default to undergo R.I. for a period of three months. Set off was allowed. 3. In S.C.46 of 2005, the Additional Sessions Court (Adhoc), Kalpetta, had found the petitioner guilty of the offence punishable under Section 58 of the Abkari Act. He preferred an appeal before this Court and another Bench of this Court as per Crl.M.C.No. 3131 of 2008 2 judgment dt.11.6.2007 in Crl.A.156 of 2007 altered the conviction, but upheld the sentence of S.I. for a period of two years and to pay a fine of Rs.1,00,000/- and in default to undergo S.I. for a further period of six months. 4. In yet another case, S.C.389 of 2005, the Additional Sessions Court (Adhoc-II), Kalpetta found the petitioner guilty of the offence punishable under Section 58 of the Abkari Act. He was sentenced to undergo R.I. for a period of two years and to pay a fine of Rs. 2 lakhs and in default to undergo R.I. for a period of six months. Set off was allowed. In appeal before this Court, another Bench by judgment dt.25.1.2008 in Crl.A.1185 of 2007 dismissed the appeal. The petitioner has now come to this Court with a prayer that appropriate direction may be issued under Section 427 Cr.P.C. to enable him to undergo the sentences imposed in these three different cases concurrently so that he can avoid the liability to undergo the sentences consecutively. 5. The petitioner has preferred this petition through prison authorities. The services of a State Brief counsel was made available to the petitioner. Arguments have been heard. The learned counsel for Crl.M.C.No. 3131 of 2008 3 the petitioner submits that a lenient view may be taken and the sentences may be directed to run concurrently under Section 427 Cr.P.C.invoking the jurisdiction under Section 482 Cr.P.C. I am afraid, that course is not available to this Court now. The decision in Subramanian v. State of Kerala (1983 KLT 452) had of course held that the jurisdiction under Section 482 Cr.P.C. can be invoked to issue appropriate directions under Section 427 Cr.P.C. But later, in the light of the decision in M.R. Kudva v. State of A.P. (2007 (4) KLT SN 29 (Case No.29) SC) the question was referred to a Division Bench and by the decision in Sukumaran v. State of Kerala (2008 (1) KLT 732) it has now been laid down that such direction under Section 427 Cr.P.C. cannot be issued in proceedings under Section 482 Cr.P.C. 6. More over, on merits also I am not persuaded to agree that there is any justification in claiming a direction under Section 427 Cr.P.C. now by the petitioner, who has committed different and distinct offences at different points of time which have attracted the convictions against him. Crl.M.C.No. 3131 of 2008 4 7. This Crl.M.C. does in these circumstances only deserve to be dismissed. This Crl.M.C. is accordingly dismissed. Communicate the order to the prisoner through prison authorities. (R. BASANT) Judge tm