{"id":52073,"date":"2008-03-14T00:00:00","date_gmt":"2008-03-13T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/m-v-mohammed-sheriff-vs-state-of-kerala-on-14-march-2008"},"modified":"2014-04-10T13:55:48","modified_gmt":"2014-04-10T08:25:48","slug":"m-v-mohammed-sheriff-vs-state-of-kerala-on-14-march-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/m-v-mohammed-sheriff-vs-state-of-kerala-on-14-march-2008","title":{"rendered":"M.V.Mohammed Sheriff vs State Of Kerala on 14 March, 2008"},"content":{"rendered":"<div class=\"docsource_main\">Kerala High Court<\/div>\n<div class=\"doc_title\">M.V.Mohammed Sheriff vs State Of Kerala on 14 March, 2008<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n  IN THE HIGH COURT OF KERALA AT ERNAKULAM\n\nCRL.A.No. 883 of 1999()\n\n\n\n1. M.V.MOHAMMED SHERIFF\n                      ...  Petitioner\n\n                        Vs\n\n1. STATE OF KERALA\n                       ...       Respondent\n\n                For Petitioner  :SRI.BABU KARUKAPADATH\n\n                For Respondent  :PUBLIC PROSECUTOR\n\nThe Hon'ble MR. Justice A.K.BASHEER\n\n Dated :14\/03\/2008\n\n O R D E R\n                             A.K.BASHEER, J.\n            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -\n                    Crl.A.Nos.882 &amp; 883 OF 1999\n            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -\n              Dated this the 14th day of March 2008\n\n                                 JUDGMENT\n<\/pre>\n<p>     These two appeals which are at the instance of the two<\/p>\n<p>accused in C.C.12\/98 on the file of the Enquiry Commissioner<\/p>\n<p>and Special Judge, Thrissur are directed against the judgment<\/p>\n<p>of conviction and sentence passed against them.                             The trial<\/p>\n<p>court found the appellants guilty under Section 13(1)(c) read<\/p>\n<p>with Section 13(2) of the Prevention of Corruption Act, 1988<\/p>\n<p>and also under Section 120B, 409, 471 and 477A read with<\/p>\n<p>Section 34 IPC.          They were convicted and sentenced to<\/p>\n<p>undergo rigorous imprisonment for four years each and to pay<\/p>\n<p>a fine of Rs.25,000\/- each and in default to undergo simple<\/p>\n<p>imprisonment for 1= years each under Section 13(1)(c) read<\/p>\n<p>with Section 13(2) of the Act. They were also sentenced to<\/p>\n<p>undergo rigorous imprisonment for one year each under<\/p>\n<p>Section 120B IPC; rigorous imprisonment for four years each<\/p>\n<p>under Section 409 IPC; rigorous imprisonment for two years<\/p>\n<p>each under Section 471 IPC; and rigorous imprisonment for<\/p>\n<p>Crl.A.Nos.882 &amp; 883 OF 1999<br \/>\n                             :: 2 ::\n<\/p>\n<p>\nthree years each and to pay a fine of Rs.20,000\/- each and in<\/p>\n<p>default to undergo simple imprisonment for 1= years each<\/p>\n<p>under Section 477A IPC.\n<\/p>\n<p>     2.  Vigilance and Anti Corruption Bureau, Idukki had<\/p>\n<p>charge sheeted the appellants for the offences mentioned<\/p>\n<p>above. Prosecution case in brief was that accused No.1 was<\/p>\n<p>working as Special Deputy Tahsildar, Cardamom Settlement<\/p>\n<p>at Devikulam during July 1993 while accused No.2 was the<\/p>\n<p>Special Village Officer in the office of accused No.1. The two<\/p>\n<p>accused being public servants had hatched a criminal<\/p>\n<p>conspiracy during July 1993 pursuant to which they collected<\/p>\n<p>a sum of Rs.2,22,800\/- towards land conservancy charges<\/p>\n<p>from certain landholders (PW1 and PW2). The accused had<\/p>\n<p>collected the money between July 8, 1993 and August 11,<\/p>\n<p>1993 and issued T.R.5 receipts in acknowledgment thereof.<\/p>\n<p>The said money was misappropriated by the accused without<\/p>\n<p>entering the same in the cash book or remitting it at the Sub<\/p>\n<p>Treasury, Devikulam. Prosecution alleged that for the above<\/p>\n<p>purpose accused had falsified the entries in the cash book and<\/p>\n<p>Crl.A.Nos.882 &amp; 883 OF 1999<br \/>\n                           :: 3 ::\n<\/p>\n<p>\ndishonestly cancelled the Counter Foils of T.R.5 receipts.<\/p>\n<p>They had used the counter foil receipts as genuine with intent<\/p>\n<p>to make them appear that collections were not effected under<\/p>\n<p>those receipts.\n<\/p>\n<p>     3. Before the trial court, the prosecution had examined<\/p>\n<p>PW1 to PW9 and Exts.P1 to P30 were marked on its side. On<\/p>\n<p>the side of the defence DW1 was examined and Exts.D1 to D9<\/p>\n<p>were marked.\n<\/p>\n<p>     4.   The court below after considering the oral and<\/p>\n<p>documentary evidence on record took the view that the<\/p>\n<p>prosecution had succeeded in proving the charge against the<\/p>\n<p>accused and accordingly they were convicted and sentenced<\/p>\n<p>as mentioned above.\n<\/p>\n<p>     5.   PW1 deposed before the court that three land<\/p>\n<p>conservancy cases relating to him and his close relatives were<\/p>\n<p>pending before the Cardamom Settlement Officer.         These<\/p>\n<p>three cases were L.C.Nos.35\/93, 34\/93 and 40\/93. In addition<\/p>\n<p>to the above, there were seven other land conservancy cases<\/p>\n<p>also, in respect of the land purchased by his close relatives<\/p>\n<p>Crl.A.Nos.882 &amp; 883 OF 1999<br \/>\n                            :: 4 ::\n<\/p>\n<p>\nfrom PW2. He further stated that he had remitted a total sum<\/p>\n<p>of Rs.2,22,800\/- as land conservancy dues (prohibitory tax) in<\/p>\n<p>respect of all these cases. The payment was made by him on<\/p>\n<p>behalf of his relatives\/land holders as authorised by them.<\/p>\n<p>PW1 stated that the above sum of Rs.2,22,800\/- was entrusted<\/p>\n<p>by him to accused No.1 for which ten receipts signed by<\/p>\n<p>accused No.1 were issued. He further stated that accused<\/p>\n<p>No.2 had written these receipts. He had also seen accused<\/p>\n<p>No.1 putting his signature in them. But a little later in the<\/p>\n<p>course of his examination PW1 stated that he did not see<\/p>\n<p>accused No.2 writing the receipts, though it was he who had<\/p>\n<p>brought these receipts before accused No.1 for signature.<\/p>\n<p>According to this witness, accused No.2 and PW2 came to his<\/p>\n<p>residence after about 1= to 2 months and returned the<\/p>\n<p>money.    On receipt of the money he gave back the ten<\/p>\n<p>receipts to accused No.2. Those receipts were marked in the<\/p>\n<p>case as Exts.P4(a), P4(c), P4(e), P5 to P10 and P18.<\/p>\n<p>According to PW1, no dates had been entered in these<\/p>\n<p>receipts. In cross examination, PW1 stated that he and his<\/p>\n<p>Crl.A.Nos.882 &amp; 883 OF 1999<br \/>\n                              :: 5 ::\n<\/p>\n<p>\nwife were not available at home for most of the days during<\/p>\n<p>that period. To a suggestion made on behalf of the accused<\/p>\n<p>that the amount had been paid back to him on the second day<\/p>\n<p>itself, it was stated by PW1 that he had not received the<\/p>\n<p>money within two days.\n<\/p>\n<p>      6. PW2 deposed before the court that he had entered<\/p>\n<p>into an agreement for sale of about 100 acres to PW1 and his<\/p>\n<p>close relatives. He conceded that ten land conservancy cases<\/p>\n<p>in respect of the above land had been pending before the<\/p>\n<p>Deputy Tahsildar, Cardamom Settlement Office, Devikulam.<\/p>\n<p>This witness also stated that he had gone along with accused<\/p>\n<p>No.2 to repay the sum of Rs.2,22,800\/- to PW1. He further<\/p>\n<p>deposed that PW1 had remitted the amount at the Cardamom<\/p>\n<p>Settlement Office on his behalf and other landholders. He<\/p>\n<p>also stated that accused No.2 had received the ten receipts<\/p>\n<p>after the amount was repaid to PW1. At that time, accused<\/p>\n<p>No.2 had put the date as November 16, 1993 in the receipts.<\/p>\n<p>I will refer to the evidence of PW2 in detail, a little later.<\/p>\n<p>      7. PW3, who was working as the Assistant Settlement<\/p>\n<p>Crl.A.Nos.882 &amp; 883 OF 1999<br \/>\n                            :: 6 ::\n<\/p>\n<p>\nOfficer, Cardamom Settlement Office at Devikulam, deposed<\/p>\n<p>before the court that at the relevant point of time accused<\/p>\n<p>No.1 was the Deputy Tahsildar at Nedumkandam, and he was<\/p>\n<p>in additional charge of Devikulam Cardamom Settlement<\/p>\n<p>Office also at that time. He further stated that accused No.2<\/p>\n<p>was the Village Officer in that office under accused No.1.<\/p>\n<p>Therefore, he could identify the handwriting and signature of<\/p>\n<p>the accused in Exts.P4(a) to P4(l) receipts and counterfoils.<\/p>\n<p>He stated that the handwriting in those documents were that<\/p>\n<p>of accused No.2. The signature in Exts.P4(c) to P4(e) was<\/p>\n<p>that of accused No.1. The other handwritings and signatures<\/p>\n<p>of the two accused were also identified by PW3. He also<\/p>\n<p>identified Ext.P20 cash book maintained at the Devikulam<\/p>\n<p>office. With reference to pages 35 to 59 in Ext.P20, which<\/p>\n<p>was for the period from 8th July 1993 till December 31, 1993,<\/p>\n<p>he stated that there was no corresponding entry with regard<\/p>\n<p>to the T.R.5 receipts for accepting the sum of Rs.2,22,800\/-<\/p>\n<p>from PW1. He also stated that Exts.P1, P1(b), P2(b), P11(b),<\/p>\n<p>P12(b), P13(b), P14(b), P15(b), P16(b) and P17(b) orders were<\/p>\n<p>Crl.A.Nos.882 &amp; 883 OF 1999<br \/>\n                            :: 7 ::\n<\/p>\n<p>\npassed by accused No.1 on July 22, 1993.         Prohibition<\/p>\n<p>assessment to be collected from the land holders in those<\/p>\n<p>cases was reckoned on the basis of the rate mentioned in<\/p>\n<p>those orders. Demand notices in respect of Exts.P1 to P3 and<\/p>\n<p>P11 to P17 could have been issued only after the date of the<\/p>\n<p>order viz. July 22, 1993. All the demand notices were signed<\/p>\n<p>by accused No.1.      In Ext.P20(a) just below the opening<\/p>\n<p>balance it was noted as follows: &#8220;Receipt Nos.44 to 46<\/p>\n<p>cancelled.&#8221; The said handwriting was not that of accused<\/p>\n<p>No.2. He further stated that he could not say whether the<\/p>\n<p>handwriting was that of accused No.1. Similarly, entries in<\/p>\n<p>respect of the other T.R.5 receipts were also referred to by<\/p>\n<p>PW3. He also spoke about the orders of cancellation of L.C.<\/p>\n<p>proceedings in Exts.P1 to P3 and Ext.P11       to P17.    He<\/p>\n<p>admitted that no date was seen on the orders of cancellation.<\/p>\n<p>In   cross   examination,   PW3     stated that   Ext.P19(b)<\/p>\n<p>representation submitted by PW2 and others was received by<\/p>\n<p>him with an endorsement made by the Revenue Minister. In<\/p>\n<p>Ext.P19(b), it was requested by PW2 and others that they may<\/p>\n<p>Crl.A.Nos.882 &amp; 883 OF 1999<br \/>\n                            :: 8 ::\n<\/p>\n<p>\nbe allowed to remit the arrears of dues under the Land<\/p>\n<p>Conservancy Act amounting to Rs.4,50,000\/- without insisting<\/p>\n<p>for interest.  On the said representation, the Minister for<\/p>\n<p>Revenue and Law had put a note directing the Assistant<\/p>\n<p>Settlement Officer, Kumili to take &#8220;urgent necessary action<\/p>\n<p>excluding interest&#8221;. Consequently, Ext.P19(c) communication<\/p>\n<p>was sent on July 15, 1993 by PW3 to the Cardamom<\/p>\n<p>Settlement Officer, Devikulam (CW15) informing him that<\/p>\n<p>necessary direction had been issued to the Special Deputy<\/p>\n<p>Tahsildar, Devikulam (accused No.1) to collect L.C. dues<\/p>\n<p>excluding interest and also to proceed in the matter &#8220;as per<\/p>\n<p>L.C. Act&#8217;. It is seen from Ext.P19(c), that copy of the said<\/p>\n<p>communication was marked to accused No.1 for necessary<\/p>\n<p>action. PW3 also deposed that CW15 had told him that the<\/p>\n<p>L.C. proceedings initiated against PW1, PW2 and others were<\/p>\n<p>not proper or correct especially since the High Court, the<\/p>\n<p>Government and the Civil Court at Thodupuzha had issued<\/p>\n<p>orders interdicting the Department from initiating such<\/p>\n<p>action. CW15 had further instructed PW3 to cancel the L.C.<\/p>\n<p>Crl.A.Nos.882 &amp; 883 OF 1999<br \/>\n                            :: 9 ::\n<\/p>\n<p>\nproceedings initiated already. PW3 conceded that all these<\/p>\n<p>instructions issued to him by CW15 were only oral.       He<\/p>\n<p>further stated that on the next day he had summoned accused<\/p>\n<p>1 and directed him to cancel the L.C. proceeding.      When<\/p>\n<p>accused No.1 had informed him that he had already collected<\/p>\n<p>the L.C. dues, he was directed to refund the same. In answer<\/p>\n<p>to a specific question in cross examination, PW3 stated that<\/p>\n<p>accused 1 had cancelled the L.C. proceeding and refunded the<\/p>\n<p>money only on the basis of the direction issued by him and<\/p>\n<p>CW15.\n<\/p>\n<p>     8. PW4, the Sub Treasury Officer, Devikulam deposed<\/p>\n<p>that the amount of Rs.2,22,800\/- collected by the accused<\/p>\n<p>under T.R.5 receipts had not been remitted at the Sub<\/p>\n<p>Treasury. He proved Exts.P22 and P23 Subsidiary registers<\/p>\n<p>in this connection.   PW5 stated that he had received the<\/p>\n<p>sanction order to prosecute the appellants, which was marked<\/p>\n<p>as Ext.P24.    PW6 registered the first information report<\/p>\n<p>(Ext.P25). PW7 conducted preliminary investigation. PW8<\/p>\n<p>stated that he had questioned PW5.       PW9 completed the<\/p>\n<p>Crl.A.Nos.882 &amp; 883 OF 1999<br \/>\n                            :: 10 ::\n<\/p>\n<p>\ninvestigation and laid the charge sheet before the court.<\/p>\n<p>     9. While assailing the order of conviction and sentence,<\/p>\n<p>learned counsel appearing for the two accused have<\/p>\n<p>vehemently contended that the court below had proceeded at<\/p>\n<p>a totally wrong tangent overlooking the inherent flaws in the<\/p>\n<p>prosecution case. It is pointed out by the learned counsel that<\/p>\n<p>the evidence of PW3 will clinchingly show that the accused<\/p>\n<p>were totally innocent.      They further contend that the<\/p>\n<p>prosecution had tried to suppress very many material<\/p>\n<p>documents in an attempt to cover up the real story behind the<\/p>\n<p>prosecution case. It is the specific case of accused No.1 that<\/p>\n<p>he had initiated L.C. proceedings against PW1, PW2 and<\/p>\n<p>others as per the provisions contained in the L.C. Act and the<\/p>\n<p>Rules as could be seen from Exts.P1, P2, P3, P11 to P17 (&#8216;b&#8217;<\/p>\n<p>series). He had also collected the L.C. dues and issued T.R.5<\/p>\n<p>receipts. But he was informed by PW3 to refund the amount<\/p>\n<p>to PW1, if it had already been collected.      He was further<\/p>\n<p>directed to cancel L.C. proceedings which were initiated<\/p>\n<p>already.\n<\/p>\n<p>Crl.A.Nos.882 &amp; 883 OF 1999<br \/>\n                            :: 11 ::\n<\/p>\n<\/p>\n<p>      10. It is curious to note that PW3, who is the superior<\/p>\n<p>officer of accused No.1, had claimed that he had issued the<\/p>\n<p>above orders as per the oral instructions received by him from<\/p>\n<p>CW15, who was his superior officer. Strangely, CW15 was<\/p>\n<p>not examined by the prosecution. No attempt was also made<\/p>\n<p>by the prosecution to explain on what basis PW3 had issued<\/p>\n<p>such orders on the strength of some oral instructions<\/p>\n<p>allegedly issued by CW15.\n<\/p>\n<p>      11. A perusal of the deposition of PW3 coupled with<\/p>\n<p>Exts.P19(b) and P19(c) will undoubtedly cast a dark shadow<\/p>\n<p>over the entire prosecution case. PW3 for some unknown<\/p>\n<p>reason had not been declared hostile because obviously his<\/p>\n<p>evidence was detrimental to the prosecution case. It may be<\/p>\n<p>noticed that the entire prosecution case was primarily<\/p>\n<p>projected through the evidence of PW3, who was the only<\/p>\n<p>official witness who gave evidence as regards the collection of<\/p>\n<p>the L.C. dues and the alleged failure of the accused to remit it<\/p>\n<p>in the treasury.\n<\/p>\n<p>      12. But according to the learned Public Prosecutor the<\/p>\n<p>Crl.A.Nos.882 &amp; 883 OF 1999<br \/>\n                             :: 12 ::\n<\/p>\n<p>\nevidence of PW3 had brought out that the accused had failed<\/p>\n<p>to remit the money collected by the accused in the treasury<\/p>\n<p>on the same day or atleast on the next working day itself.<\/p>\n<p>Similarly, the accused had also failed to enter the collection in<\/p>\n<p>Ext.P29 cash book. This clearly proved that the accused had<\/p>\n<p>misappropriated the money collected from PW1.                The<\/p>\n<p>evidence of PW1 showed that he had received the money back<\/p>\n<p>from accused No.2 only after about 45 days. Learned Public<\/p>\n<p>Prosecutor submits that the accused had illegally kept the<\/p>\n<p>money with them during the entire period without remitting it<\/p>\n<p>to the treasury or even entering it in the cash book.<\/p>\n<p>Therefore, the accused had committed the offence alleged<\/p>\n<p>against them, it is contended.\n<\/p>\n<p>     13. In response to the above contention, it is submitted<\/p>\n<p>on behalf of the accused that PW3 himself had deposed before<\/p>\n<p>the court that in the event of occurrence of any mistake in the<\/p>\n<p>cash receipt or if the party refused to remit the entire amount<\/p>\n<p>after preparation of the receipt the collection need not be<\/p>\n<p>entered in the cash book. It is contended by the learned<\/p>\n<p>Crl.A.Nos.882 &amp; 883 OF 1999<br \/>\n                            :: 13 ::\n<\/p>\n<p>\ncounsel that shortly after collecting the money the accused<\/p>\n<p>had been informed by PW3 that it had to be refunded to PW1.<\/p>\n<p>Though the accused had attempted to make refund, PW1 was<\/p>\n<p>not available at his residents.\n<\/p>\n<p>     14. The above explanation, which is apparently feeble, if<\/p>\n<p>not puerile, cannot be accepted. But as mentioned earlier,<\/p>\n<p>the evidence of PW3 will lend some support to the defence<\/p>\n<p>version that the amount was kept in the office pursuant to the<\/p>\n<p>direction issued by PW3. In this context, it may also have to<\/p>\n<p>be noticed that there was some attempt on the part of the<\/p>\n<p>prosecution to cover up the fact that someone else was<\/p>\n<p>interested in scuttling the entire prosecution, be they the<\/p>\n<p>superior officers of the accused or some outside agencies.<\/p>\n<p>     15. In this context, it may also be pertinent to note that<\/p>\n<p>neither PW1 nor PW2 had lodged any complaint against<\/p>\n<p>collection of the money from them especially in the backdrop<\/p>\n<p>of issuance of orders of cancellation of the L.C. Proceedings.<\/p>\n<p>It is not discernible from the file as to why PW3 had<\/p>\n<p>instructed accused No.1 to issue orders of cancellation of the<\/p>\n<p>Crl.A.Nos.882 &amp; 883 OF 1999<br \/>\n                            :: 14 ::\n<\/p>\n<p>\nL.C proceedings because in Ext.P19(c) he had informed CW15<\/p>\n<p>that accused No.1 had been directed to continue with the L.C.<\/p>\n<p>Proceedings.    As mentioned earlier,      there existed some<\/p>\n<p>gaping holes in the entire story.\n<\/p>\n<p>     16.   It may also be noticed that Ext.P25,     F.I.R. was<\/p>\n<p>registered more than 2 years after the alleged commission of<\/p>\n<p>the offences. Of course, learned Public Prosecutor has sought<\/p>\n<p>to explain it away by saying that for the enquiry contemplated<\/p>\n<p>under the annal relating to Vigilance cases, some delay was<\/p>\n<p>inevitable. But, still for the reasons stated above, I am not<\/p>\n<p>satisfied with   explanation given by the accused for<\/p>\n<p>withholding remittance of the amount in the treasury for more<\/p>\n<p>than 1 = months. However, the fact remains that the money<\/p>\n<p>had been refunded and the original T.R.5 receipts were taken<\/p>\n<p>back from PW1.\n<\/p>\n<p>     17. The prosecution had also not explained why the L.C.<\/p>\n<p>Proceedings initiated against PW1 and other landholders had<\/p>\n<p>been cancelled. Therefore, obviously there was something<\/p>\n<p>more what meets the eye in the delay in registering the case<\/p>\n<p>Crl.A.Nos.882 &amp; 883 OF 1999<br \/>\n                            :: 15 ::\n<\/p>\n<p>\nagainst the accused. As per the court charge the accused had<\/p>\n<p>collected Rs.2,22,800\/- towards L.C. Charges as per T.R.5<\/p>\n<p>receipts during the period from 8.7.1993 to 11.8.1993. But no<\/p>\n<p>evidence has been adduced by the prosecution that the<\/p>\n<p>accused had actually collected the money during the period<\/p>\n<p>mentioned above.        More importantly the above charge<\/p>\n<p>against the version given by PWs 1 and 2 in the case.<\/p>\n<p>     18. It is vehemently contended by the learned counsel<\/p>\n<p>for the two accused that the entire evidence, even if it<\/p>\n<p>accepted on its face value, will not show that there was<\/p>\n<p>fraudulent or dishonest intention on the part of the accused in<\/p>\n<p>the alleged transaction.       Accused had acted only in<\/p>\n<p>accordance with the directions and instructions received from<\/p>\n<p>their superior officers. But as noticed already, the superior<\/p>\n<p>officer (PW3) had given a very hazy and evasive version of the<\/p>\n<p>entire episode. CW15 who was the superior officer of PW3<\/p>\n<p>was never examined. Thus, it remained a mystery as to why<\/p>\n<p>L.C. proceedings which were initiated against PW1 and other<\/p>\n<p>landholders had been cancelled.     If the above aspects are<\/p>\n<p>Crl.A.Nos.882 &amp; 883 OF 1999<br \/>\n                           :: 16 ::\n<\/p>\n<p>\nconsidered in the backdrop of Exts.P19(b) and (c) and also the<\/p>\n<p>orders of cancellation of the L.C. Proceedings, I am satisfied<\/p>\n<p>that the accused are entitled to get the benefit of doubt.<\/p>\n<p>Therefore, the judgment passed by the court below is set<\/p>\n<p>aside.  The appellants are found not guilty and they are<\/p>\n<p>acquitted.\n<\/p>\n<p>     Appeals are allowed.\n<\/p>\n<\/p>\n<p>                                     (A.K.BASHEER, JUDGE)<br \/>\njes<\/p>\n<p>Crl.A.Nos.882 &amp; 883 OF 1999<br \/>\n                          :: 17 ::\n<\/p>\n<\/p>\n<blockquote><p>                                           A.K.BASHEER, J.\n<\/p><\/blockquote>\n<blockquote><p>                                   &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211;<br \/>\n                                  Crl.A.Nos.882 &amp; 883 OF 1999\n<\/p><\/blockquote>\n<blockquote><p>                                   &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211;\n<\/p><\/blockquote>\n<blockquote><p>                                               JUDGMENT<\/p>\n<p>                                      Dated 14th Mar. 2008<\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Kerala High Court M.V.Mohammed Sheriff vs State Of Kerala on 14 March, 2008 IN THE HIGH COURT OF KERALA AT ERNAKULAM CRL.A.No. 883 of 1999() 1. M.V.MOHAMMED SHERIFF &#8230; Petitioner Vs 1. STATE OF KERALA &#8230; Respondent For Petitioner :SRI.BABU KARUKAPADATH For Respondent :PUBLIC PROSECUTOR The Hon&#8217;ble MR. Justice A.K.BASHEER Dated :14\/03\/2008 O R D [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,21],"tags":[],"class_list":["post-52073","post","type-post","status-publish","format-standard","hentry","category-high-court","category-kerala-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>M.V.Mohammed Sheriff vs State Of Kerala on 14 March, 2008 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/m-v-mohammed-sheriff-vs-state-of-kerala-on-14-march-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"M.V.Mohammed Sheriff vs State Of Kerala on 14 March, 2008 - Free Judgements of Supreme Court &amp; 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