IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Crl.MC.No. 4752 of 2010() ------------------------------------- (SC.NO.136/1995 OF SESSIONS COURT, MANJERI) ..... PETITIONER(S): ACCUSED: ---------------------------------------- 1. PALAPRA MUHAMMED @ BAPUTTY, S/O.KUNHIMOIDU, PANTHALLUR, AMAKKAD, MALAPPURAM DISTRICT. 2. PALAPRA ALAVI, S/O.HAMZA, PANTHALLUR, NARIYOTTUPARA, MALAPPURAM DISTRICT. 3. PALAPRA PANALIL HAMZA, S/O.ABDULLA, PANTHALLUR, AMAKKAD, MALAPPURAM DISTRICT. BY ADVS. SRI.BABU S. NAIR, SMT. SHEEBA M.T., SRI.RAJESH P.A., SRI. RAKESH K. RESPONDENT(S): STATE: --------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, PANDIKKAD POLICE STATION -THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4752 of 2010 -------------------------- ORDER Petitioners, the accused in S.C.No.136/1995 on the file of Sessions Court, Manjeri, were convicted and sentenced to rigorous imprisonment for eight years and compensation of Rs.25,000/- each to the dependents of the deceased and in default, to undergo rigorous imprisonment for a period of one year each. The conviction and sentence were confirmed by this Court under Annexure-B judgment. Though a special leave petition was filed before the Honourable Supreme Court, by Annexure-C order, it was dismissed. Case of the petitioners is that even though the period of imprisonment is over, on the failure of the petitioners to pay compensation within six months as provided under Annexure-A judgment, learned Sessions Judge is insisting that petitioners have to undergo the default sentence of rigorous imprisonment for one year. CRMC 4752/10 2 2. Learned counsel appearing for he petitioners and learned Public Prosecutor were heard. 3. If the period of substantive sentence awarded under Annexure-A judgment is over, petitioners cannot be detained further to undergo the default sentence for non payment of compensation. If petitioners deposit the compensation before the Sessions Court, they cannot be directed to undergo the default sentence. As and when the compensation is deposited in court, the default sentence shall stand terminated. Though it was not paid within the period provided under Annexure-A judgment, learned Sessions Judge shall issue necessary direction to release the petitioners from jail, provided the period of substantive sentence is over. Petition is disposed. 3rd December, 2010 (M.Sasidharan Nambiar, Judge) tkv