IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 Crl.MC.No. 3628 of 2010(C) -------------------------------------- (CRL.M.P.NO.1118/2010 IN CRL.A. NO.255/2010 DTD. 20/08/2010 OF THE SESSIONS COURT, MANJERI, C.C. NO.1483/2009 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PARAPPANANGADI). ........... PETITIONER/ACCUSED: ---------------------------------- RAMRAJ @ RAJU,S/O.BANGARAN @ BANGARAN CHANDRAN, PALARANJI PALAYAM, JAYALALITHA NAGAR, CHETIPPALAYAM, TIRURPPUR. BY ADV. SRI.NAGARAJ NARAYANAN. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3628 OF 2010 --------------------------------------------- Dated 4th October, 2010 O R D E R Petitioner, the accused in C.C.1483/2009 was convicted and sentenced for the offences under Sections 457 and 394 of Indian Penal Code by Judicial First Class Magistrate-I, Parappanangadi. Petitioner challenged the conviction and sentence before Sessions Court, Manjeri in Crl.A.255/2010. Learned Sessions Judge by Annexure-I order, refused to suspend the sentence finding that the petitioner is involved in several similar cases and if he is to be released on bail, there is every chance of repeating similar offences. Petitioner would contend that he is prepared to abide by any condition and in such circumstances,sentence may be suspended. Crmc 3628/10 2 2. Learned Public Prosecutor on instructions submitted that petitioner is a habitual offender as found by the learned Magistrate and in such circumstances, there is no reason to interfere with Annexure-I order. 3. Learned Sessions Judge by Annexure-I order taking into consideration the relevant facts found that sentence cannot be suspended. I find no reason to interfere with the said order. Learned Sessions Judge, Manjeri is directed to dispose Crl.A.255/2010 expeditiously, at any rate, within three months from the date of receipt of a copy of this order. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.