IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 Crl.MC.No. 2231 of 2008() ------------------------- SC.721/1999 of SESSIONS COURT, KASARAGOD .................... PETITIONER: ------------ RAJENDRAN,S/O.KUNJAMBU NAIR, C.NO.4181-A.1, CENTRAL JAIL,KANNUR. BY ADV. . RESPONDENTS: ------------- STATE OF KERALA. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2231 of 2008 ------------------------------------- Dated this the 14th day of July, 2008 ORDER Petitioner has been found guilty, convicted and sentenced for the offence punishable under Section 304 I.P.C. This petition has been submitted by the petitioner, who is undergoing imprisonment in prison, raising the grievance that set off which is legally due to him under Section 428 Cr.P.C has not been granted to him. 2. Report of the learned Sessions Judge was called for. The learned Sessions Judge in his report submits that the petitioner has already preferred an appeal before the Supreme Court. The same has been admitted after grant of special leave. The sentence has been suspended and the petitioner has been enlarged on bail. The entire records have been submitted to the Supreme Court, it is further reported by the learned Sessions Judge. 3. I am, in these circumstances, satisfied that this petition can now be closed by dismissal with appropriate observations. Crl.M.C. No.2231 of 2008 2 4. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation that after disposal of the appeal preferred by the petitioner by the Supreme Court as Criminal Appeal No.1031 of 2007 if the petitioner has to undergo any further imprisonment, the learned Sessions Judge must consider the question of set off under Section 428 Cr.P.C and pass orders granting the petitioner of such set off for which he is entitled under Section 428 Cr.P.C. 5. Communicate the order to the learned Sessions Judge forthwith. Sd/- (R.BASANT, JUDGE) rtr/- /true copy/ P.A to Judge