M.Radhakrishnan Nair v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 CRL.A.No. 217 of 2004 (E) -------------------------- AGAINST THE JUDGMENT IN CC NO.28/1999 OF THE COURT OF THE ENQUIRY COMMISSIONER & SPECIAL JUDGE, KOZHIKODE, DATED 20.01.2004 APPELLANT(S)/ACCUSED :- ---------------------------------------- M.RADHAKRISHNAN NAIR, AGED 59, S/O.MADHAVAN PILLAI, T.C.25/2782, AMBUJAVILASAM ROAD THIRUVANANTHAPURAM (PREVIOUSLY ASSISTANT DIRECTOR OF AGRICULTURE, PERAMBRA) BY ADVS.SRI.B.RAMAN PILLAI SRI.GEORGE PHILIP SRI.R.ANIL SRI.RAJU RADHAKRISHNAN SRI.ANIL K.MOHAMMED SRI.DELVIN JACOB MATHEWS RESPONDENT(S)/COMPLAINANT :- --------------------------------------------------- STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

R BY SMT.SHEEBA M.T., PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rkj

P.UBAID, J.

============================ Crl.Appeal No.217 of 2004 ============================ Dated this the 12th day of October, 2015

ORDER

This is an appeal challenging a conviction and sentence under Section 13(2) read with Section 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act, and under Sections 409, 467 and 477A IPC. Pending this appeal, the appellant died on 03.04.2011 in Dubai. The learned Public Prosecutor has produced a copy of the death certificate, and also a copy of the report of the Village Officer that the deceased has not left any movable or immovable property. The sentence imposed by the trial court involves fine sentence also, but in view of the Village Officer's certificate, there is no scope to proceed further for realisation of fine when the deceased has not left any movable or immovable property. Accordingly, this appeal will stand abated under Section 394(2) Cr.P.C.

Sd/- P.UBAID JUDGE rkj //TRUE COPY// P.A. TO JUDGE