Criminal miscellaneous petition for set-off, concurrent sentence, and immediate release of an accused. Court accepted the jailer's statement that remission is applicable and closed the case as nothing survives.
Criminal miscellaneous case closed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
CRL.MC NO. 2732 OF 2013
CC 350/2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
NEDUMKANDOM
SC 1037/2008 OF ADDITIONAL DISTRICT COURT (ADHOC), THRISSUR
PETITIONER/ACCUSED:
NAGARAJU
AGED 22 YEARS
S/O SUBRAMANIAN, DOOR NO 22,
CHANDHANA MARIYAMMAN KOVIL, BODHUI VILLAGE,
UTHAMAPALAYAM TALUK, TRHENI DISTRICT, TAMIL NADU
BY ADV SRI.E.D.GEORGE
RESPONDENT/STATE:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM2 WELFARE OFFICER CENTRAL PRISON, KANNUR 670001OTHER PRESENT:
SMT.MAYA.M.N, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 09.08.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C.No.2732/2013
2
P.V.KUNHIKRISHNAN, J.
Crl.M.C.No.2732 of 2013
---------------------------------------------Dated this the 09th day of August, 2023
ORDER
This Crl.M.C. is filed with following prayers:
(SIC)
Kannur, the relevant portion of which is extracted hereunder:
“5. So the petitioner is not entitled to get parole. But the petitioner is entitled to get other benefits while he is in jail such as Remission. The petitioner earned remission for his good conduct and
Crl.M.C.No.2732/2013
3
for hard work, a total of 1 year, 11 months and 20 days upto June 2013. His release will come approximately during April 2015. It is true that the Welfare Officer informed the petitioner that he has to suffer around 5 years more to complete the sentences of imprisonment, otherwise to produce an order to suffer the sentence in all cases concurrently.
In the light of the same, nothing survives in this case. Recording the above statement, this Criminal Miscellaneous Case is closed.
P.V.KUNHIKRISHNAN JUDGE
Sd/-
JV
Crl.M.C.No.2732/2013
4
APPENDIX OF CRL.MC 2732/2013
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE JUDGMENT
DATED 10-06-2010 IN C.C 350/2008 OF THE
FIRST CLASS JUDICIAL MAGISTRATE COURT,
NEDUMKANDAM
ANNEXURE A2 TRUE COPY OF THE JUDGMENT
DATED 10-06-2010 IN C.C NO 351/2008 OF
THE FIRST CLASS JUDICIAL MAGISTRATE
COURT, NEDUMKANDAM
ANNEXURE A3 TRUE COPY OF THE JUDGMENT
IN SC 1037/2008 OF ADDITIONAL SESSIONS
COURT, THRISSUR
ANNEXURE A4 TRUE COPY OF THE
REPRESENTATION FILED BY THE
PETITIONER'S MOTHER TO THE WELFATE
OFFICER TO RELEASE THE PETITIONER FROM
THE JAIL
Nagaraju
State of Kerala
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court