IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 Crl.MC.No. 2616 of 2009() ----------------------------------- CRIME NO.236/2004 OF KANNUR TOWN POLICE STATION. ................... PETITIONER(S): ---------------------- P.V. ASHOKAN, S/O.KELUKUTTY, C.NO.8234, CENTRAL PRISON, THIRUVANANTHAPURAM. BY ADV. MR.S.RAJEEV RESPONDENT(S): ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.236 OF 2004 OF KANNUR TOWN POLICE STATION). BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2616 of 2009 -------------------------- ORDER Petitioner is the 9th accused in S.C.No.543/2005 on the file of Additional Sessions Court, Thalassery. Case of the petitioner is that he is undergoing sentence in S.C.No.42/1988 (in the petition it is wrongly shown as S.C.No.42/2008) and he was granted parol. But, in view of the production warrant issued by Additional Sessions Judge, Thalassery in S.C.No.543/2005, he cannot avail of the parol. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner submitted that petitioner was enlarged on bail in S.C.No.543/2005 and as he was undergoing the sentence, he could not appear before the Sessions Judge and production warrant was issued. It is submitted that learned Sessions Judge may be CRMC 2616/09 2 directed to reconsider the question as petitioner is prepared to appear before the Sessions Court during the period of parol. 4. If petitioner was enlarged on bail in S.C. No.543/2005, I do not find any necessity for issuing a production warrant, during the period of parol. Learned Sessions Judge need issue production warrant only for production of the petitioner, if he is in custody, on the date when the case is posted. If the case is not posted during the period of parol, there is no necessity to issue any production warrant at all. Learned Sessions Judge may consider this aspect and issue necessary directions. Petition is disposed accordingly. 24th August, 2009 (M.Sasidharan Nambiar, Judge) tkv