SIVANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The Writ Petition is filed under Article 226 of the Constitution of India; while the Crl.M.C. is filed under Section 482 of the Cr.P.C.

(2.) The petitioner is a convict undergoing imprisonment as Prisoner No.C.P.6567 in the Central Prison, Viyyur. The petitioner was involved in 14 criminal cases pending before different courts. All the cases pertain to offences like theft, housebreaking, lurking house trespass by night, theft of property from inside the house, etc. He pleaded guilty and was convicted in all the cases for a period ranging between 6 months imprisonment to 5 years imprisonment and fine. The petitioner was arrested on 10.04.2003 and has been in prison ever since. The petitioner was found guilty and convicted in 14 cases, details of which are as herein under:

(3.) Being different cases committed at different periods of time and pending before different courts, none of the courts exercised the discretion under Section 427 Cr.P.C to order the sentences to run concurrently. In such case, the sentences are to run consecutively one after the other, the petitioner will have to remain behind bars for 30 years and 6 months. The total fine amount imposed in all the cases together was Rs. 43,500/-. The petitioner states that he is old and infirm. The continued detention of the petitioner is illegal and therefore, specific orders may be made directing the jail authorities to release the petitioner.