IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Crl.MC.No. 1960 of 2009 -------------------------- AGAINST THE ORDER DATED 27/02/2004 IN CC.865/2001, CC 866/2001, CC 992/2001 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER/ACCUSED: ------------------------------------- THANKAN @ THANKACHAN@VARGHESE S/O VINCENT, THODIYILPUTHEN VEEDU, KANJIRACODE DESOM, KUNDRA TALUK, KOLLAM(NOW RESIDING AT HOUSE NO. 29 CHETTI STREET, VINCENT ROAD, COIMBATORE TOWN, COIMBATORE CITY, TAMILNADU STATE. BY ADV. SRI.K.V.SABU RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1960 of 2009 ================== Dated this the 26th day of June, 2009. O R D E R This petition is filed under Section 482 of Code of Criminal Procedure for permission to the petitioner to undergo imprisonment of three cases concurrently, even though the judgments do not provide for concurrent sentence. The case of the petitioner is that he has sentenced to undergo rigorous imprisonment for three years for offences under Sections 457, 380 and 461 of Indian Penal Code in C.C.No.865/2001, 866/2001 and C.C.No.992/2001 and he is to be permitted to undergo the sentence concurrently. 2. Learned Counsel appearing for the petitioner was heard. 3. The question whether invoking the extra-ordinary powers under Section 482 of Code of Criminal Procedure this court can direct the sentence in three cases to run Crl.M.C.No.1960/2009 -2- concurrently, when the judgments do not provide for the same and whether it would amount to review of the judgments was considered by the Division Bench of this court in Penchil Rao v. State of Kerala (2005 (4) KLT SN 40). Division Bench held that it would amount to review of the judgments and therefore invoking the power under Section 482 of Code of Criminal Procedure permission cannot be granted to undergo the sentences concurrently. In view of the Division Bench decision, petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr