IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Crl.MC.No. 2363 of 2008() ------------------------- AGAINST THE ORDER IN CC.389 & 378/2007 IN CC.353/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR CC.360/2007 of JUDL.MAGISTRATE OF FIRST CLASS, MANANTHAVADY .................... PETITIONER: ------------ BASHEER,S/O.IBRAHIM,C.NO.5880, CENTRAL PRISON, KANNUR. BY ADV. SRI.G.G.MANOJ(STATE BRIEF0 RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2363 of 2008 ---------------------------------------- Dated this the 18th day of August 2008 O R D E R In this application under Section 482 Cr.P.C the petitioner who is an accused in four prosecutions and who has been found guilty, convicted and sentenced in all such prosecutions prays that the sentences imposed on him may be directed to run concurrently and not consecutively invoking the jurisdiction under Section 482 read with 427 Cr.P.C. The following are the cases: Sl. No C.C.No. Name of Court Section Judg.date 1 353/2007 J.F.M.C, Nilambur 457,380 & 461 I.P.C 28/02/08 2 360/2007 J.F.M.C, Mananthavady 457,380 & 461 I.P.C 18/04/08 3 389/2007 J.F.M.C, Nilambur 457,380 & 461 I.P.C 12/05/08 4 378/2007 J.F.M.C, Nilambur 454,511 & 380 I.P.C 12/05/08 2. This Crl.M.C is preferred through prison authorities by the petitioner in custody and the services of a State Brief Counsel was assigned to the petitioner. The learned counsel for the petitioner has been heard. 3. The learned counsel for the petitioner was requested to explain how in the light of the decision of the Supreme Court Crl.M.C.No.2363/2008 2 in M.R.Kudva v. State of Andhra Pradesh [AIR 2007 SC 568] and the Division Bench of this court in Sukumaran v. State of Kerala [2008(1) KLT 732] this petition under Section 482 Cr.P.C is maintainable. 4. The learned counsel for the petitioner after taking time to work up the legal position, fairly concedes that in the light of these decisions this petition under Section 482 Cr.P.C is not maintainable and the relief sought cannot be granted to the petitioner. 5. The learned counsel for the petitioner however submits that there may be a direction to the prison authorities to enable the petitioner to prefer challenge against the impugned judgments before the Sessions Court to challenge the verdict of guilty and conviction and also to claim concurrency under Section 427 Cr.P.C. Appropriate observations can of course be made. 6. In the result, a) This Crl.M.C is dismissed. b) There shall be an observation that if the petitioner wants to prefer appeals against the four judgments of conviction Crl.M.C.No.2363/2008 3 and sentence referred above, the prison authorities shall enable the petitioner opportunity to prefer such appeals through prison authorities expeditiously forthwith. 7. Communicate the order forthwith to the prison authorities and through them to the petitioners herein. (R.BASANT, JUDGE) jsr Crl.M.C.No.2363/2008 4 Crl.M.C.No.2363/2008 5 R.BASANT, J. CRL.M.C.No.2363 of 2008 ORDER 18/08/2008