IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 Crl.MC.No. 323 of 2011() ------------------------ SC NO.157/2010 OF ADDL.SESSIONS COURT (FAST TRACK-II), ERNAKULAM PETITIONER(S)/ACCUSED NO.1: --------------- GOPINATHAN PILLAI, AGED 50 YEARS, S/O.SIVAN PILLAI, PALAKKAD PUTHNPURAYIL, MURIKKAL, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.K.RAMACHANDRAN SRI S.SREEDEV RESPONDENT(S)/COMPLAINANT: --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.323 of 2011 -------------------------------------- Dated this the 1st day of February, 2011. ORDER Petitioner is accused No.1 in S.C.No.157 of 2010 of the court of learned Additional Sessions Judge (Fast Track-II), Ernakulam. It is submitted that he was found guilty under Section 63 of the Abkari Act and sentenced to pay a fine of `.5,000/- with a default sentence of two months' imprisonment. According to the petitioner, on his request the trial court suspended the sentence of fine for a period of one month and directed him to pay the fine before 08.11.2010. Since petitioner was unable to raise the amount, he could not deposit the fine amount. Hence this petition requesting time. 2. I have heard learned counsel for petitioner and the learned Public Prosecutor who took notice for respondent. Learned Public Prosecutor points out that a copy of judgment of trial court is not produced by petitioner. 3. In view of the order I propose to pass I do not consider it necessary that a copy of judgment of trial court is required, for, I proceed on the facts submitted by the learned counsel that petitioner was found guilty of offence punishable under Section 63 of the Act, sentenced to pay fine of `.5,000/- and Crl.M.C.No.323/2011 2 was granted time till 08.11.2010 to deposit the fine. Having regard to the circumstances stated petitioner is granted time till 08.02.1011 to deposit the fine in the trial court as ordered by the learned Additional Sessions Judge. Resultantly this petition is disposed of granting petitioner time till 08.02.2011 to deposit the fine in the trial court. Warrant of arrest if any issued against petitioner will stand in abeyance till 08.02.2011. THOMAS P.JOSEPH, Judge. cks