IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 7TH JULY, 2008 / 16TH ASHADHA, 1930 Crl.MC.No. 1354 of 2005 (D) (AGAINST THE ORDER DATED 20/04/2005 IN CRMP. 1099/2005 IN CRA.303/2005 of ADDL. SESSIONS COURT, ALAPPUZHA SC.141/2004 of ADDL.ASSISTANT SESSIONS COURT, ALAPPUZHA) .................... PETITIONER: ---------------- ANIYANKUNJU, S/O. PURUSHOTHAMAN, THEKKEYATTATHU VEEDU, SOUTH ARYAD MURI, KOMALAPURAM VILLAGE, AMBALAPUZHA TALUK. BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENT: ----------------- STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR, ALAPUZHA EXCISE RANGE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.M.C.No. 1354 of 2005 - D --------------------------------------------- Dated this the 7th day of July, 2008 O R D E R This Crl.M.C. is preferred by the appellant in Crl.A.No. 303 of 2005 of the Sessions Judge, Alappuzha challenging the condition imposed as per Annexure-2 order of the Sessions Court to deposit Rs.25,000/- within one month for suspending the sentence imposed on the petitioner. 2. As per Annexure-I judgment, the petitioner herein was convicted for the offence under Section 55(a) of the Abkari Act. Accordingly, the petitioner/appellant was sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1 lakh. Challenging the above order of conviction and sentence, the petitioner herein had filed Crl.Appeal No.303 of 2005 before the Sessions Court, Alappuzha. Along with appeal, Crl.M.P.No.1099 of 2005 was also moved to suspend the execution of sentence. The Sessions Court, as per Annexure-2 order, suspended the sentence, but he was directed to deposit an amount of Rs.25,000/- within one CRL.M.C. NO.1354 OF 2005 :-2-: month. It is the above order of sentence, especially directing him to deposit Rs.25,000/-, being challenged in this Crl.M.C. 3. When this Crl.M.C. came up for consideration on 3.5.2005, this Court ordered notice and granted an interim stay as prayed for. The learned Public Prosecutor submits that the appeal itself, viz., Crl.A.No.303 of 2005 preferred before the Sessions Court, Alappuzha against the judgment dated 31.3.2005 in S.C.No.141 of 2004 has been dismissed by the Additional Sessions Judge, Fast Track Court-II, Alappuzha by its judgment dated 14.6.2006. In view of the above submission, this petition has become infructuous which is liable to be dismissed. In the result, this Crl.M.C. is dismissed as infructuous. V.K.Mohanan, Judge MBS/ CRL.M.C. NO.1354 OF 2005 :-3-: V.K.MOHANAN, J. -------------------------------------------- Crl.M.C.NO. OF 200 ------------------------------------------- CRL.M.C. NO.1354 OF 2005 :-4-: O R D E R DATED: 7-2008 CRL.M.C. NO.1354 OF 2005 :-5-: