IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Crl.MC.No. 4552 of 2008() ------------------------- CRL.M.P.NO.2418/08 IN CRA.728/2008 OF SESSIONS COURT IN S.C.NO.209/04 of PRL.ASST. SESSIONS COURT, KOZHIKODE .................... PETITIONER(S): APPELLANTS/ACCUSED --------------- 1. MANZOOR, S/O.IMBICHI, MOIDEEN, CHERATHODI, VAYAL, AVIDANALLOOR AMSOM, POONATH DESOM, QUILANDY TALUK, KOZHIKODE. 2. SURENDRAN, S/O.MADHAVAN, PELIYATTERI VEETTIL HOUSE PAVANGAD AMSOM, DESOM, KANNADIPOYIL, KOYILANDY TALUK, KOZHIKODE. BY ADV. SRI.NIDHI BALACHANDRAN SRI.ANIL R.NATH SRI.A.V.CHARLES RESPONDENT(S): RESPONDENT --------------- 1. THE EXCISE INSPECTOR, KUNNAMKULAM RANGE. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4552 of 2008 ------------------------------------------------- Dated this the 25th day of November, 2008 ORDER The petitioners have been found guilty, convicted and sentenced in a prosecution for offences punishable under the Kerala Abkari Act. They preferred an appeal. The appeal was admitted and the sentence was suspended. As a condition for suspension of sentence, the petitioners were directed to deposit an amount of Rs.20,000/- each. 2. According to the petitioners, they are unable to raise the amount of Rs.20,000/-. If such condition were insisted, the petitioners will have to go into custody without and before their appeal is heard and disposed of on merits. In these circumstances, it is prayed that appropriate directions may be issued under Sec.482 Cr.P.C. 3. I am unable to agree that the imposition of the Crl.M.C. No. 4552 of 2008 -: 2 :- condition is unlawful or unjustified. However, I am persuaded to agree that the request of the petitioners can be accepted and the petitioners can be granted time to deposit the amount of Rs.20,000/-. Appropriate safeguards can be insisted to ensure expeditious disposal of the appeal if the petitioners are not able to make payment of the balance amount. 4. In the result: (a) This Crl.M.C. is allowed in part. (b) The impugned order is modified. (c) If the petitioners deposit an amount of Rs.5,000/- each on or before 17/12/08, they shall have further time of three months from that date to make the payment of the balance amount. In case the petitioners are not able to pay the balance amount, they shall report that fact to the appellate court on or before 17/12/08 whereupon the appellate court shall ensure that the appeal itself is disposed of within a period of three months from 17/12/08. 5. Hand over a copy of this order to the learned counsel for the petitioners. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4552 of 2008 -: 3 :-