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2023 Supreme(Online)(KER) 8587

HIGH COURT OF KERALA
Kauser Edappagath, J
T.N.BALAKRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.B.RAMAN PILLAI (SR.), SRI.SHYAM ARAVIND, SRI.ANIL K.MOHAMMED, SRI.R.ANIL, SRI.JOSEPH P.ALEX, SRI.SUJESH MENON V.B.

J U D G M E N T

Dated this the 10th day of August, 2023 The above appeals have been filed challenging the common judgment passed by the Enquiry Commissioner and Special Judge, Kozhikode (for short 'the court below')

in C.C.Nos.46, 47, 48, 49 & 50 of 2004.

2. The Crl.Appeal Nos.2524, 2530, 2531, 2532 &

2533/2008 are filed by accused No.1 and Crl.Appeal Nos. 2520, 2521, 2522, 2523 & 2526/2008 are filed by accused No.2. They faced trial of five cases altogether with the similar set of allegations. The offences alleged in all the cases are punishable under Sections 13 (1)(c) and (d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the P.C.Act'), Sections 409, 420, 465, 468, 471, 477 A and 120 B of the Indian Penal Code (for short 'the IPC').

3. The court below tried all the five cases jointly and disposed of by a common judgment. The evidence was recorded in C.C.No.46/2004. Since all the appeals are connected, I am also disposing of all the appeals together.

4. The accused No.1 was working as the Village Officer, Kalpetta and the accused No.2 was working as the Head Quarters Deputy Tahsildar, Vythiry during the period from from 1996-1997 to 2000-2001. The prosecution c

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