Kerala High Court
Dr.Ck.Ramachandran vs State Of Kerala on 18 July, 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
CRL.A NO. 685 OF 2010
AGAINST THE JUDGMENT DATED 19.03.2010 IN CC NO.29 OF 2004
(VC - 11/2003 OF VACB, KANUR) OF ENQUIRY COMMISSIONER & SPECIAL
JUDGE, KOZHIKODE.
APPELLANT/ACCUSED:
DR.CK.RAMACHANDRAN, S/O CK NARAYANAN
AGED 62 YEARS, PEARL, KEEZHUR AMSOM DESOM, IRITTY,
KANNUR - 670703, THALASSERY TALUK.
BY ADV SHRI.V.RAMKUMAR NAMBIAR
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 DEPUTY SUPERINTENDENT OF POLICE
VIGILANCE & ANTI-CORRUPTION BUREAU, KANNUR.
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OTHER PRESENT:
SPL PP RAJESH .A VACB,SR PP VACB REKHA.S
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
08.07.2025, THE COURT ON 18.07.2025, DELIVERED THE FOLLOWING:
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"C R"
A. BADHARUDEEN, J
============================
Crl. Appeal No. 685 of 2010
==============================
Dated 18th day of July 2025
JUDGMENT
The sole accused in C.C. No. 29 of 2004 on the files of the
Court of Enquiry Commissioner and Special Judge, Kozhikode,
has filed this appeal under Section 374 of the Code of Criminal
Procedure (for short, 'CrPC'). He assails the conviction and
sentence imposed on him in the above case by judgment dated
19.03.2010.
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2. Heard the learned counsel for the appellant/accused and
the learned Public Prosecutor appearing for the
Vigilance/prosecution in detail.
3. I shall refer the parties in this appeal as 'prosecution'
and 'accused' hereinafter.
4. The prosecution case in a nutshell is that, the accused
while working as Medical Officer, at Community Health Centre
(for short, 'CHC'), Ititty, since 12.06.2003 FN, and as such
being a public servant abused his official position, committed
criminal misconduct and by adopting corrupt and illegal means
demanded illegal gratification of ₹250/- from Sri.V.J.George,
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S/o Joseph Vellappally House, Kelakam, on 22.09.2003,
accepted ₹100/- on 23.09.2003, had further demanded the
balance amount of ₹150/- on 24.09.2003, re-iterated the same
demand on 25.09.2003 and in pursuance of the said demand he
accepted ₹150/- from the complainant as bribe at 14.45 hours
on 25.09.2003 for discharging the complainant from CHC,
Iritty and thereby, he had committed the offences punishable
under Sections 7 and 13(2) read with Section 13(1)(d) of the
Prevention of Corruption Act, 1988.
5. When the final report was filed, the trial court took
cognizance of the matter. Thereafter, upon completion of
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pre-trial formalities, charge was framed for the said offences, and
evidence was recorded.
6. During trial, PWs 1 to 9 were examined, Exts. P1 to P24
and Material Objects MOs series 1 to 5 were marked on the side
of the prosecution. Exts. D1 to D3 were marked on the side of
the defence during the course of prosecution evidence. After
completion of the prosecution evidence, the accused was
examined under Section 313(1)(b) of the CrPC, and an
opportunity was given to him to adduce defence evidence.
However, no defence evidence was adduced.
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7. On evaluation of evidence, and on hearing both sides,
the trial court found that the accused committed offences
punishable under section Sections 7 and 13(2) read with
Section 13(1)(d) of the PC Act and sentenced him to undergo
rigorous imprisonment for six months each and to pay a fine of
₹1000/- each, in default to undergo rigorous imprisonment for
three months each under Sections 7 and 13(2) r/w Section
13(1)(d) of the PC Act, 1988. The substantive sentences shall
run concurrently. Set off is allowed under Section 428 of the
Code of Criminal Procedure.
8. While assailing the conviction and sentence, the learned
counsel for the accused contended that, in order to establish the
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offences under Section 7 and Section 13(1)(d) of the Prevention
of Corruption Act, both demand and acceptance of illegal
gratification must be proved beyond reasonable doubt. In the
present case, the prosecution alleges that when PW1, the de
facto complainant, was admitted to CHC, Iritty, the accused
demanded bribe of ₹250/-. Accordingly, PW1 visited the doctor
(the accused) at his residence in the evening on 22.09.2003,
where the accused reiterated the demand for ₹250/-. As PW1
did not have the full amount at that time--i.e., on
23.09.2003--he went to the residence of the accused and paid
₹100/-, which the accused allegedly accepted.
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9. The further case of the prosecution is that the accused
demanded the balance amount of ₹150/-, and this was informed
by PW1 to the Vigilance Department. Following this, after
starting the pre-trap proceedings, the Vigilance officials, along
with PW1, proceeded to the residence of the accused along with
MO1 series currency notes (i.e., ₹100 x 1 and ₹50 x 1), smeared
with phenolphthalein powder, after completing the procedure
for trap. As per prosecution case, upon demand made by the
accused, PW1 placed the tainted notes on the teapoy in front of
the accused.
10. According to the learned counsel for the accused, even
in the evidence of PW1, there is no clear version that the Doctor
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actually accepted the MO1 series notes. It was contended that
PW2, the Gazetted Officer who acted as a witness to the trap
proceedings, deposed regarding the recovery of the MO1 series
notes after its alleged acceptance by the accused. However, PW2
did not witness either the demand or acceptance of MO1 series
notes. His evidence was confined to the point that when the
hand of the Doctor when dipped in sodium carbonate solution,
the solution turned pink, which, according to him, indicated
that the accused accepted the notes smeared with
phenolphthalein powder.
11. It is pointed out by the learned counsel for the accused
that this evidence is unreliable because MO3--the sodium
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carbonate solution in which the fingers of the accused were
alleged to be dipped when confronted with PW2 he deposed
that in MO3 bottle there was no liquid at the time of his
examination, even though the bottle contained liquid at the time
of the occurrence and recovery of MO3. This, according to the
defence, casts serious doubt on the credibility of the prosecution
case.
12. Therefore, it is contended that there is no convincing
evidence to prove the acceptance of ₹150/- by the accused. In
view of these inconsistencies, and considering the present age
and ailments of the accused, it is submitted that he deserves
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acquittal, as the prosecution has failed to establish the
commission of the alleged offences beyond reasonable doubt.
13. Per contra, the learned Public Prosecutor contended
that, as per the evidence of PW1, MO1 series currency notes
were placed on the teapoy in front of the Doctor by PW1.
Subsequently, PW1 came out and gave the pre-arranged signal.
During this time, the Doctor took the MO1 series currency
notes, which would establish the fact that when his hand was
dipped into the sodium carbonate solution contained in the
MO3 bottle, the same turned pink.
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14. Therefore, it is submitted by the learned Public
Prosecutor that the combined evidence of PW1, the
complainant, and PW2, the Gazetted Officer who had no
adverse interest against the accused, sufficiently proved the
demand and acceptance required to constitute offence under
Section 7 of the Prevention of Corruption Act. Accordingly, the
offences punishable under Section 7, as well as Section 13(1)(d)
read with 13(2) of the PC Act, are clearly established, as rightly
found by the trial court. In view of this, the conviction and the
moderate sentence imposed by the Special Court do not warrant
any interference.
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15. On appraisal of the rival contentions, the following
questions arise for consideration are:
1.Whether the trial court is justified in finding that the
accused committed offence punishable under Section
7 of the PC Act, 1988?
2.Whether the trial court went wrong in holding that
the accused committed offence punishable under
Section 13(1)(d) r/w 13(2) of the PC Act, 1988?
3.Whether the verdict under challenge would require
interference?
4.The order to be passed?
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Point Nos. 1 & 2:-
16. While evaluating the evidence tendered by PW1, the de
facto complainant in this case, he deposed that he made a
complaint to the Vigilance Office, Kannur, on 25.09.2003,
which was recorded by the police at the instance of the Deputy
Superintendent of Police (for short, 'DySP'). The complaint so
lodged is marked as Ext.P1. According to PW1, at about 8:30
p.m. on 21.09.2003, while he was on his way to Kelakam town
to purchase articles for the purpose of sewing, Kuttan @ Janesh,
and Jeny attacked him by using a torch and with their hands,
and thereby caused injuries to his forehead and leg. Pursuant to
this, at about 10:00 a.m. on 22.09.2003, he went to the
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Government Hospital, Iritty, and met the Doctor (accused).
Thereafter, the accused informed PW1 that he wanted to meet
him at his residence in the evening. When PW1 inquired why
PW1 would visit the house, the Doctor informed that in
connection with the crime, he would have to go to court for
that ₹250/- was demanded as a bribe. PW1 did not give any
amount on 22.09.2003 as he did not have any money with him
at that time. On 23.09.2003, his wife reached the hospital in the
evening and entrusted some money to him. Later, he reached the
accused's house at 3:00 p.m. and entrusted ₹100/- to the Doctor
as demanded by him. Thereafter, the accused demanded ₹150/-
more and persisted with the demand, ignoring the financial
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difficulties stated by PW1. On 24.09.2003, PW1 again met the
Doctor at his residence at 3:00 p.m., along with his ration card,
and demanded for a discharge. He was accompanied by
Padmanabhan (PW8) during this visit. This time, he entrusted
₹100/- more to the accused, but the accused demanded ₹150/-
and did not accept ₹100/-. Then PW1 returned back. Then the
accused informed PW1 that he would pay ₹150/- in the
morning on 25.09.2003.
17. The further version of PW1 is that he soon telephoned
the Vigilance DySP from a telephone booth and reached the
Vigilance Office with ₹150/- in the morning on 25.09.2003. He
deposed about the entrustment of MO1 series currency notes to
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the DySP and the demonstration of the phenolphthalein test
and entrustment of the same to him. Ext.P2 is the mahazar
prepared by the DySP when he took possession of MO1 series
currency notes. Thereafter, the Vigilance party and PW1
proceeded towards the residence of the accused. They stopped
two vehicles at a place from where the accused's house could be
reached by walking for 5 to 10 minutes. At 3:45 p.m., they
reached the accused's residence. The DySP instructed PW1 to
entrust the MO1 series notes to the accused only if he made a
demand for the same, and further instructed PW1 to give a
signal by scratching his head if the accused would accept the
money.
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18. According to PW1, when he entered the accused's
house, the accused was sitting on a chair in the verandah. The
Doctor asked whether PW1 had brought the money as
demanded, to which PW1 replied affirmatively. He then took
the money from his pocket and handed it over to the Doctor,
who instructed PW1 to place the money on the teapoy. PW1
then placed MO1 series on the teapoy and came out; and gave
the signal to the Vigilance Police. Thereafter, the DySP entered
inside the verandah of the house of the accused and asked the
Doctor (accused) whether he accepted the MO1 series notes:
PW1 replied that, as requested by the Doctor, he had placed the
notes on the teapoy. According to PW1, thereafter, using the
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mugs brought by the Vigilance team, the hands of the policemen
as well as the Doctor were examined. When the hand of the
accused was dipped in MO3 solution, the solution turned pink.
19. To corroborate the version of PW1, the then
Additional Tahsildar of Kannur Taluk, the Gazetted Officer
accompanied the Vigilance team, was examined as PW2. He
deposed that he was familiar with both PW1 and the accused,
and was a witness to the arrest of the accused. According to him,
he reached the office of the Vigilance DySP as directed by the
District Collector and found PW1 and CW3 present there.
Then, the DySP informed PW2 about the purpose of his
invitation and the registration of the crime. Thereafter, a
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ten-rupee currency note was dipped into sodium carbonate
solution, and there was no change in colour. Then,
phenolphthalein powder was smeared into the same note, and
when dipped again into the sodium carbonate solution, the
solution turned pink. The further evidence of PW2 is that MO1
series currency notes were produced by PW1 and marked with
'V', after noting its serial numbers. The said notes were
identified by PW2. According to PW2, as per Ext.P2 (the
mahazar), the notes were taken into custody by the DySP, and
thereafter entrusted to PW1. Then the party proceeded to the
accused's house in two vehicles. He also testified that the DySP
gave directions to PW1 to give the signal, after which PW1
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entered the house. CW3, along with the DySP, entered the
verandah and found that the Doctor sitting on a chair in the
verandah. The Doctor attempted to stand up when they
entered, but was directed by the DySP to remain seated. When
the DySP asked the Doctor whether he had accepted money
from PW1, the Doctor denied the same. Thereafter, the DySP
introduced himself and, after calling PW1 inside, inquired about
the demand and acceptance of bribe by the accused. The MO1
series were then found folded on the teapoy. Subsequently, the
hands of PW2, the DySP, and CW3 were dipped in a mug
containing sodium carbonate solution, but no colour change
was observed. This solution was labelled as 'A' and identified as
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MO2 by PW2. Then, the Doctor's hand was dipped in the
sodium carbonate solution, which turned pink. This solution
was collected in a bottle, labeled 'B', and the same is identified as
MO3. PW2 testified that there was liquid in MO3 at the time it
was labeled and sealed; however, the liquid was not found when
the same was shown to him before the court. Thereafter, the
DySP dipped the MO1 series currency notes in sodium
carbonate solution, and both the notes and the liquid exhibited
pink colour change. This solution was marked as MO4. PW2
was cross-examined, but nothing significant was elicited to
discredit the testimony of PW2.
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20. PW3, examined in this case, is the staff nurse working
at CHC, Iritty, during September 2003. She deposed about the
admission of PW1 at the CHC on 22.09.2003 as I.P. No.1620.
She identified the case sheet and Diet Sheet as Ext.P6. The IP
register pertaining to PW1 was marked as Ext.P7. According to
PW3, PW1 absconded and was discharged on 25.09.2003. This
was endorsed by PW3, and the endorsement was written by her.
In Ext.P6, the relevant entries were made by the Medical Officer,
Dr. Sainudheen. She also deposed that PW1 was at the hospital
on 22.09.2003 and 23.09.2003, as evidenced by Ext.P8, the
wound certificate register, and Ext.P8(a), the relevant page
pertaining to PW1. In fact, the evidence of PW3 is confined to
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the admission of PW1, as deposed by him. It was PW4, the then
Sub-Inspector of Police at Kelakam Police Station, who
instructed Mathew Joseph, Head Constable, to record the
statement of PW1 in the said case. According to PW4, the crime
was registered as per Ext.P3, based on the occurrence narrated by
PW1. He also supported the contentions of PW1, the statement
marked as Ext.P3, as well as the mahazar marked as Ext.P11.
21. PW6, examined in this case, is the DySP, Vigilance,
Kannur. According to PW6, on 24.09.2003, PW1 telephoned
him and informed that the accused, who admitted him to the
hospital, demanded bribe for his discharge. Accordingly, PW6
conducted a confidential verification and finding truth in the
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allegation, he directed PW1 to report to the Vigilance Office on
the next day. PW1 arrived at the office at 10:00 a.m. Meanwhile,
PW6 requested the District Collector to depute two officers to
reach the Vigilance Office at 11:30 a.m. Ext.P1, the statement of
PW1, was recorded, and thereafter, Ext.P1(a), the FIR, was
registered. Soon after, CW2 (PW2) and CW3 arrived at the
Vigilance Officer, he introduced them as witnesses to PW1.
22. According to PW6, thereafter, ₹150/- (i.e., ₹100 x 1
and ₹50 x 1) were produced by PW1 and marked with a 'V' on
the Ashoka Pillar. The said notes identified by PW6 as MO1
series. By preparing Ext.P2, the mahazar, the MO1 series notes
were taken into custody. PW6 deposed about conduct of
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phenolphthalein test by using a ₹10/- note by smearing
phenolphthalein solution. Thereafter, on the MO1 series notes
were entrusted to PW1 in a sealed cover with instructions to
hand over the same to the accused when demanded. Ext.P2
mahazar was signed by PW6 and the witnesses.
23. He further deposed that thereafter, they proceeded in
two vehicles towards the house of the accused and sent PW1 to
give the money as demanded. At 02:50 hours, the complainant
gave the signal. PW6 then entered the verandah of the house of
the accused and enquired about the entrustment of ₹150/- by
PW1 as demanded by the accused, but the accused denied the
same.
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24. PW6 also deposed about conduct of the
phenolphthalein test on the hands of the accused and on himself
and other witnesses, using sodium carbonate solution contained
in MO2 and MO3 bottles. According to him, when the doctor
dipped his hand in MO2 solution, the solution turned pink. He
further deposed about recovery of MO1 to MO4 series.
25. PW7, examined in this case, is Dr. E.K. Sainudheen.
He deposed that he came to know about the arrest of the
accused by the Vigilance Police while working as a Medical
Officer at CHC, Iritty, and had supported the investigation. He
produced certain documents from the hospital, which were
marked as Ext.P9, attendance register, pertaining to the accused
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on the relevant days. Ext.P6 case sheet, Ext.P14 posting order of
the accused, and Ext.P16 and Ext.P17 mahazars were also
produced. He also reported that as per Ext.P7(a), PW1 was
recorded as absconded and therefore discharged. Thus, the
evidence of PW7 suggests that the accused was working as a
doctor at CHC, Iritty, during the relevant period.
26. The demand of ₹250/- by the accused was deposed to
by PW8, Padmanabhan, who also visited the residence of the
accused on 24.09.2003 along with PW1.
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27. PW9 is the Vigilance Sub-Inspector who supported
Ext.P18 (property list) as well as Exts.P4, P6, P7, P9, P10, P15,
and P16.
28. Now, it is necessary to address the ingredients required
to attract the offences under Section 7 and Section 13(1)(d) read
with Section 13(2) of the Prevention of Corruption Act, 1988.
The same are extracted as under:--
Section 7:- Public servant taking gratification
other than legal remuneration in respect of an
official act. - Whoever, being, or expecting to be a
public servant, accepts or obtains or agrees to accept or
attempts to obtain from any person, for himself or for
any other person, any gratification whatever, other than
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legal remuneration, as a motive or reward for doing or
forbearing to do any official act or for showing or
forbearing to show, in the exercise of his official
functions, favour or disfavour to any person or for
rendering or attempting to render any service or
disservice to any person, with the Central Government
or any State Government or Parliament or the
Legislature of any State or with any local authority,
corporation or Government Company referred to in
clause (C) of section 2, or with any public servant,
whether named or otherwise, shall be punishable with
imprisonment which shall be not less than three years
but which may extend to seven years and shall also be
liable to fine.
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Section 13:- Criminal misconduct by a public
servant. - (1) A public servant is said to commit the
offence of criminal misconduct,-
(a) xxxxx
(b) xxxxx
(c) xxxxxx
(d) If he,- (i) by corrupt or illegal means, obtains for
himself or for any other person any valuable thing or
pecuniary advantage; or (ii) by abusing his position as
a public servant, obtains for himself or for any other
person any valuable thing or pecuniary advantage; or
(iii) while holding office as a public servant, obtains
for any person any valuable thing or pecuniary
advantage without any public interest.
xxxxxx
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(2) Any public servant who commits criminal
misconduct shall be punishable with imprisonment
for a term which shall be not less than four years but
which may extend to ten years and shall also be liable
to fine.
29. The learned counsel for the accused placed reliance on
the decision of this Court reported in 2024 (4) KHC 52,
Bharat Raj Meena v. Central Bureau of Investigation,
Ernakulam with reference to Paragraph No. 12, where it was
held that:-
"It is trite that proof of demand and acceptance of illegal
gratification by a public servant is a prerequisite to
establish the guilt of the accused / public servant under
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Section 7 of the PC Act. Indeed, proof of demand and
acceptance of illegal gratification by a public servant can
also be proved by circumstantial evidence in the absence of
direct, oral and documentary evidence [See Neeraj
Dutta v. State (Govt. of NCT of Delhi, 2023 (4) SCC
731]. Recently, the Supreme Court in Jagtar Singh v.
State of Punjab, AIR 2023 SC 1567 reiterated the
principle that the demand of illegal gratification, at least
by circumstantial evidence, is sine qua non to attract the
offence under Section 7 or Section 13(1)(d)(i) and (ii) of
the PC Act. S.13(1)(a) of the PC Act provides that the
prosecution is obliged to prove that the accused accepted or
obtained or agreed to accept or agreed to obtain any
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gratification as a motive or reward as contemplated under
Section 7 of the PC Act . Thus, the demand and
acceptance by the public servant for illegal gratification
must be independently proved by the prosecution as a fact
in issue to establish the guilt under Section 7 or 13(1)(a) of
the PC Act."
30. In fact the legal position as held in Bharat Raj
Meena (supra), Neeraj Dutta (supra), and Jagtar Singh
(supra) to the effect that the demand and acceptance of illegal
gratification is sine qua non to attract offence under Section 7 of
the PC Act. That apart, as per Section 13(1)(a) of the PC Act,
the prosecution is obliged to prove that the accused accepted,
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obtained, or agreed to accept or agreed to obtain any
gratification as a motive or reward as contemplated by Section 7
of the PC Act. There is no doubt that the demand and
acceptance--the elements of the offence punishable under
Section 7 of the PC Act--can be proved by either direct
evidence or, in the absence of direct and documentary evidence,
by circumstantial evidence.
31. Here, the evidence of PW1 would show that when he
was admitted at CHC, Iritty, after an assault, the Doctor
(accused) demanded ₹250/- as bribe and in view of the said
demand on 22.09.2003, PW1 reached the residence of the
Doctor (accused) and paid ₹100/- on demand and the same was
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accepted by the Doctor (accused). While accepting ₹100/-, he
again demanded for the balance amount of ₹150/- as on
24.09.2003 and when PW1 given ₹100/-, again, the doctor
(accused) did not accept the same and demanded to pay ₹150/-
as on 25.09.2003, and this aspect was deposed by PW8, who
accompanied PW1 on 25.09.2003. In turn PW1 informed the
same to the DySP Vigilance, and in continuation of pre-trap
proceedings, PW1 along with the vigilance party reached the
residence of the Doctor (accused), and as instructed by the DySP
Vigilance, PW1 met the Doctor (accused) who was sitting in a
chair in the varandah was informed and then the accused
demanded ₹150/- and pursuant to the said demand, as directed
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by the Doctor (accused), PW1 placed MO1 series notes on the
teapoy. Soon PW1 came out, and gave signal as instructed by the
DySP, and in turn DySP and PW2 entered in the varandah of
the house of the Doctor (accused) and as part of conduct of
phenolphthalein test, the hand of the Doctor (accused) when
dipped in sodium carbonate solution, the solution turned pink
indicating acceptance of MO1 series by the accused from the
teapoy.
32. It is interesting to note that the trump card upon
which the learned counsel for the accused argued that there was
no acceptance is based on the submission that MO1 series was
placed on the top of the teapoy, and the Doctor (accused) did
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not directly receive the same. Regarding colour change in MO3
solution when the hand of the accused was dipped, the learned
counsel for the accused argued that in MO3 bottle, no such
solution was available at the time of evidence, and therefore, the
said evidence cannot be safely relied upon. In this matter, as
per the evidence of PW1, supported by the evidence of PW8,
there was demand for ₹250/- for discharging PW1 and he
accepted ₹100/- out of ₹250/- on 23.09.2003 and thereafter
when the accused continued the demand for ₹150/- more and
the same ended in trap proceedings.
33. Thus, the evidence available would suggest that the
accused demanded ₹250/- as on 22.09.2003 and accepted ₹100/-
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on 23.09.2003 and ₹150/- on 24.09.2003, thereby justifying the
ingredients to attract offences punishable under Section 7 and
Section 13(1)(d) read with Section 13(2) of the PC Act. In the
said circumstances, the finding entered by the trial court in this
regard is only to be justified. Therefore, the conviction does not
require any interference.
34. Coming to the sentence, in consideration of the
request made by the learned counsel for the accused, I am
inclined to modify the same. Accordingly, the sentence of
imprisonment imposed for the offence punishable under Section
7 of the PC Act is modified for a period of three months and to
pay a fine of ₹1,000/-. In default of payment of fine, the accused
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shall undergo rigorous imprisonment for a period of two weeks.
For the offence under section 13(2) r/w Section 13(1)(d) of the
PC Act, 1988, the accused is sentenced to undergo simple
imprisonment for a period of two months, and to pay fine of
₹1000/-. In default of payment of fine, the accused shall
undergo simple imprisonment for a period of two weeks. The
substantive sentences shall run concurrently, and the default
sentence shall run concurrently. Set off will be allowed for the
period he was in custody in connection with this crime under
Section 428 of the Code of Criminal Procedure.
35. In view of the finding above, the order suspending
sentence and the bail bond executed by the accused stand
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cancelled with direction to the accused to surrender before the
trial court to undergo the modified sentence forthwith. Failing
which, the trial court shall execute the sentence without fail.
The Registry is directed to forward a copy of this
judgment to the trial court forthwith for information and
further steps.
Sd/-
A.BADHARUDEEN, JUDGE
RMV
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PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED
21.6.2025 ISSUED BY DR.PRIYA U, CONSULTANT
OPHTHALMOLOGIST OF DIVINE EYE HOSPITAL,
IRITTY KARNNUR
Annexure A2 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED
22.6.2025 ISSUED BY DR.ABDUL GAFOOR K.P.,
CONSULTANT PHYSICIAN OF THE NEW PAVANA
HOSPITAL, CHAKKARAKKAL, KANNUR
