IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 28TH DECEMBER 2010 / 7TH POUSHA 1932 Crl.MC.No. 5086 of 2010() ------------------------- CRA.257/2004 ON THE FILE OF ADDL. SESSIONS COURT(ADHOC II,KOZHIKODE) .................... PETITIONER(S)/ACCUSED: --------------- LIBEESH, S/O. MANNAN, CHIRUKANDOTH HOUSE, ERUVATI AMSOM DESOM, PINARAYI, THALASSERY TALUK KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S)/COMPLAINANT: --------------- THE STATION HOUSE OFFICER, EDACHERI POLICE STATION, VADAKARA, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. P.P.SMT.PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------ Crl.M.C.No. 5086 OF 2010 ------------------------ Dated this the 28th day of December, 2010 O R D E R This is a petition filed under Section 482 of the Code of Criminal Procedure with following two prayers; i). Seeking direction to the Addl. Sessions Court (Adhoc II), Calicut to issue certified copy of the Judgment in Crl. Appeal No.257/2004 dated 26/12/2005. ii). Stay the operation of the warrant in C.C. No.817/2000 on the file of Judicial First Class Magistrate Court, Vadakara. 2. The petitioner was alleged to have committed offences punishable under Sections 279, 337 and 338 of the IPC. He was found guilty for the offences punishable under sections 279 and 337 of IPC and he is convicted under section 255(2) of Cr.P.C. and sentenced to undergo S.I. for a period of three months on each count. The appeal filed by him did not succeed. 3. The petitioner would say that during the pendency of the appeal, he left to Gulf countries for eking out his livelihood and he was not aware of the dismissal of the appeal. Only when the warrant was issued, the petitioner came to know about the Crl.M.C. NO. 5086/2010 -2- dismissal of his criminal appeal. Immediately thereafter he made arrangements to obtain certified copy of the appellate Court Judgment. In the meanwhile, the Trial Court issued warrant for execution of the sentence. He prays that a breathing time may be granted to him to seek further remedies against the appellate judgment. Considering the various aspects of the matter and the averments made in the petition, some leniency can be shown to the petitioner. Therefore, there will be a direction to keep in abeyance warrant issued in C.C. No.817/2000 on the file of Judicial First Class Magistrate Court, Vadakara for a period of 10 days from today, so as to enable the petitioner to seek further remedies against the appellate judgment. Issue copy today itself. P.BHAVADASAN, JUDGE. dpk Crl.M.C. NO. 5086/2010 -3-