Kerala High Court
[S. 84 IPC] Kerala HC Allows Appeal By Accused Who Pled Insanity Over Parents' Murder, Says He Didn't Attempt To Flee, Maintained Affection For Parents
The Kerala High Court has allowed an appeal where the accused had taken a plea of insanity as a defence in the case of the murder of his parents.A division judge bench of Justice PB Suresh Kumar and Justice Johnson John allowed the appeal, stating that the “prosecution has not established the motive of the accused to cause the death of his parents. Similarly, the accused has not made...
Can CBFC Change Film's Name If Found To Be Stigmatic/ Likely To Affect Law & Order?: Kerala High Court Asks Centre
The Kerala High Court has asked the Central government whether the Central Board of Film Certification (CBFC) has powers to change the name of a film if it is found to be stigmatic or likely to create law and order issues.The bench of Justice Devan Ramachandran was hearing a plea concerning Dileep-starrer 'Thankamani' which is apparently based on a real-life incident that occurred in...
NBW | Magistrate Must Ascertain Whether Accused 'Intentionally' Avoided Investigation, Can't Simply Rely On Statement In Chargesheet: Kerala HC
The Kerala High Court has made it clear that the process for securing presence of an accused, as laid down by the Supreme Court in Satendar Kumar Antil v. CBI. is mandatory and an exception from the approach, where accused has not cooperated in the investigation, is available only after the Magistrate ascertains the factum of accused's absence independently.Justice Bechu Kurian Thomas said the...
Kerala High Court Permits 'Honourably Acquitted' Irish Citizen To Visit Ailing Mother Abroad, Says Prospective Appeal No Ground To Detain Him
The Kerala High Court has permitted an Irish citizen to travel back to his home country to visit his ill mother despite the contention that a Special Leave Petition (SLP) would be preferred against his honourable acquittal.The petitioner, an Irish citizen whose acquittal by Magistrate Court was confirmed by the High Court had sought liberty to go back to his country to visit his ill...
Kerala High Court Enquires Into Feasibility Of Separate Portal For General Public/ Producers To Upload Info On 'Malicious Review Bombing'
The Kerala High Court enquired about the possibility of having a separate portal operated and monitored by a separate unit where people or producers can upload information about malicious review bombings. It stated that the issue now was that a criminal complaint or cyber complaint had to be filed against malicious review bombing.Justice Devan Ramachandran stated thus, “Learned Amicus...
Dr Vandana Das Murder Case: Kerala High Court Reserves Order On Plea For CBI Probe
The Kerala High Court today reserved its order on the plea moved by parents of Dr Vandana Das, the 23-year-old house surgeon who was stabbed to death by an injured man brought to the government hospital by Pooyappally police, seeking transfer of probe to the Central Bureau of Investigation (CBI).The young house surgeon was stabbed sixteen times by Sandeep, a school teacher, using dressing...
[Health Department Job Fraud Case] Kerala High Court Dismisses Anticipatory Bail Plea, Says Custodial Interrogation Necessary
The Kerala High Court today dismissed a pre-arrest bail application by the second accused in the health department job fraud case, referring to their criminal antecedents in its order.A single judge bench of Justice CS Dias stated that “particularly taking note of the financial transaction between the victim and the petitioner, the criminal antecedents of the petitioner and the first...
Koodathayi Murder: Kerala High Court Dismisses Accused Jolly's Second Bail Plea, Says Her Release Would Have Deleterious Impact On Society
The Kerala High Court today for the second time dismissed the bail applications filed by Jolly Joseph, the first accused in the infamous Koodathayi murders.Justice C S Dias stated that if the allegations raised against Jolly were true, then she had committed pre-mediated, gruesome, cold-blooded murders without any contrition. It further stated that there were intelligence reports regarding...
Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance
The Kerala High Court recently dismissed a petition arguing for employment assistance by a married daughter on account of her husband losing his job.While dismissing the petition, Justice Devan Ramachandran stated that “dependency is a de facto situation, rather than be a de jure doctrine. As such, the appellant had no dependency on her father, since her husband was earning well, it is...
'Not All Police Officers Behave Like That': Kerala High Court In Plea Against Police Brutality & False Registration Of FIRs Against Advocates
The Kerala High Court Advocates Association(KHCAA), Advocate Yeshwanth Shenoy (President, KHCAA) and Advocate Anoop V Nair (Secretary, KHCAA) have approached the Kerala High Court aggrieved by police brutality and registration of false FIRs against Advocates on frivolous reasons.The reliefs sought in the plea are for the issuance of guidelines to be followed while registering cases...
'Doubtful That Petitioner Sexually Assaulted Six Girls On The Same Day': Kerala High Court While Granting Bail To Drawing Teacher
The Kerala High Court today allowed a bail petition filed by a drawing teacher accused of assaulting six of his students, stating it is doubtful that the incident took place on the same day. In allowing the petition, Justice Sophy Thomas stated that “it is true that there is a delay of six days in making the complaint by the victim girls. Moreover, the allegation that on the same day,...
You Really Think People Start Smoking By Watching It On Screen? Kerala High Court On Plea To Ban Smoking Scenes In Films, Serials
"Do you really think people start smoking by seeing it on the screen," the Kerala High Court orally remarked today while hearing a plea against display of tobacco smoking scenes in films and tele-serials.Justice Devan Ramachandran said smoking is induced more from peer pressure. "It is when your friends start smoking...Smoking is injurious to health, drinking is injurious to health, you...