Balan Pillai vs State Of Kerala
2024 Latest Caselaw 12703 Ker

Kerala High Court

Balan Pillai vs State Of Kerala on 21 May, 2024

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
 TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                  CRL.A NO. 826 OF 2011
AGAINST THE JUDGMENT OF THE ADDITIONAL SESSIONS JUDGE
FAST TRACK COURT-III, THIRUVANANTHAPURAM IN S.C. NO.2099
OF 2006 DATED 07.05.2011
APPELLANT/ACCUSED NO.1:

         BALAN PILLAI
         S/O.KESAVA PILLAI, PRIYA BHAVAN, MOTTAVILA,,
         KOTTUKAL DESOM, KOTTUKAL VILLAGE.
         BY ADVS.
         SRI.B.S.SWATHI KUMAR
         SMT.ANITHA RAVINDRAN


RESPONDENTS/COMPLAINANT:

         STATE OF KERALA
         REPRESENTED BY THE PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, ERNAKULAM.
         SMT.SEENA C.- PUBLIC PROSECUTOR



     THIS   CRIMINAL      APPEAL     HAVING   COME   UP   FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                 2
Crl.A.No.826 of 2011

                     P.G. AJITHKUMAR, J.
      -----------------------------------------------------
                     Crl.A.No.826 of 2011
      ------------------------------------------------------
            Dated this the 21st day of May, 2024


                        JUDGMENT

This is an appeal against conviction filed by the 1 st

accused in Sessions Case No.2099 of 2006 on the files of the

Sessions Court, Thiruvananthapuram. The appellant was

sentenced to undergo rigorous imprisonment for three years.

2. Annexure E produced along with Crl.M.A.No.1 of

2024 is a copy of the death certificate of the appellant. He

expired on 21.12.2012. On the death of the appellant, this

appeal is abated. Hence this appeal is dismissed as abated.

3. Execution of the sentence imposed on the appellant

was suspended by this Court as per the order dated

07.07.2011 on the conditions, inter alia, that he should

deposit Rs.25,000/- in the trial court. Annexure F is the

receipt evidencing deposit of the said amount in the trial

court. Owing to the death of the appellant and dismissal of

the appeal as abated, the said amount is liable to be

refunded.

Hence, the trial court is directed to refund the said

amount if available in deposit, to the legal heirs of the

appellant on proper proof and acknowledgment.

Sd/-

P.G. AJITHKUMAR, JUDGE

PV

PETITIONER ANNEXURES Annexure E TRUE COPY OF THE DEATH CERTIFICATE OF THE APPELLANT ISSUED BY KOTTUKAL GRAMA PANCHAYATH Annexure F TRUE COPY OF THE RECEIPT NO. 17 DATED 13-7-2011