RETNAKARAN DASAN NADAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Can the appellate court allow the appellant to furnish suitable security in lieu of payment of fine by him during pendency of appeal This question arises for consideration in this petition.

(2.) Petitioner filed an appeal against the conviction and sentence passed against him for offence under the Abkari Act. In the said appeal, this court suspended the sentence of imprisonment alone, on an application filed by appellant. The sentence of fine was not suspended but this court granted time for payment of fine. According to petitioner, he is not able to deposit the huge amount of fine of Rs. 1 lakh which is imposed on him, being the minimum fine for offence under Section 8(1) and (2) of the Abkari Act.

(3.) Petitioner is stated to be a coolie, getting a meager income of Rs. 1,000/- which is not sufficient to meet even his daily needs. Petitioner is not having any landed property, except the house where he is living with his family. He is also a heart patient. He has also taken loans from the bank and could not even repay the same. In such circumstances, in spite of best efforts, he cannot deposit the fine. It is also averred in the affidavit filed by the petitioner that people of the locality are protecting him and his family, but for their support, the entire family would have committed suicide.