IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 Crl.MC.No. 2575 of 2008() ------------------------------------- (CP 112/2008 OF JUDICIAL FIRST CLASS MAGISTRATE I, KASARAGODE) PETITIONER: ACCUSED: -------------------------------------- MOILARICH @ ABDULRAHIMAN, S/O.YOUSAF, AGED 37 YEARS, REFAYI MANZIL, H.NO.VI-314 VORKADY GRAMA PANCHAYATH, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: ------------------------------------------------------------ 1. THE EXCISE INSPECTOR, KASARAGODE EXCISE RANGE. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.2575 of 2008 ------------------------------------- Dated this the 17th day of July, 2008 ORDER The grievance of the petitioner seems to have been satisfied and settled now as it is submitted that the petitioner has already been enlarged on bail. The learned counsel for the petitioner now prays for a short relief. He prays that the petitioner may be permitted to advance his plea for discharge before the learned Sessions Judge and the learned Sessions Judge may be directed to consider such plea and take appropriate decisions. 2. The request of the petitioner is most legitimate, but certainly no directions of this Court are necessary. Any indictee facing indictment in a Sessions trial can certainly insist that he must be permitted to raise his plea for discharge under Section 227 Cr.P.C. Even without any specific directions of this Court, his plea for discharge is bound to be considered and appropriate decision is bound to be taken under Section 227 Cr.P.C. 3. With the above observations, this Crl.M.C is dismissed. (R.BASANT, JUDGE) rtr/- 2