IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Crl.MC.No. 4049 of 2011() ------------------------------------- CRMC.3409/2011 IN CRA.532/2011 of SESSIONS COURT, PALAKKAD .................... PETITIONER(S): ACCUSED ----------------------------------------- KOLAVAN, AGED 54 YEARS, S/O.KANAKKARAYI, KALLADITHODI VEEDU, PARUTHUR AMSOM DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.JAYARAM RESPONDENT(S)/ RESPONDENT ------------------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.4049/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE ORDER DATED 11/11/2011 IN CRL.M.P.NO.3409/2011,CRL.APPEAL NO.532/2011, SESSIONS COURT, PALAKKAD. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4049 of 2011 ----------------------------------- Dated this the 1st day of December 2011 O R D E R Petitioner was convicted and sentenced by the trial court for offence punishable under Sec.55(a) of Abkari Act for allegedly keeping possession of 1 litre of illicit liquor. In appeal, the learned Sessions Judge while suspending the sentence directed him to deposit Rs.20,000/- before the trial court within one month. The learned counsel for the petitioner submits that petitioner is a member of scheduled caste who is totally a penniless man and that he is not in a position to raise even Rs.1,000/- and so unless the condition regarding the deposit is deleted, he may have to be jail till the disposal of the appeal. The learned counsel submits that only because of abject penury petitioner has come to this Court, craving clemency. The learned counsel does not otherwise challenge the legality of the order, as the learned Crl.M.C. No.4049 of 2011 -: 2 :- Sessions Judge is perfectly justified in imposing such conditions while suspending the sentence. 2. Considering the special nature and peculiar circumstances of the case, condition directing the petitioner to deposit Rs.20,000/- will stand deleted, but on a further condition that petitioner shall not get involved in any abkari case till the disposal of the appeal. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt