Kerala High Court Weekly Round-Up: August 21-27, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 418-432]

Rajesh V State of Kerala 2023 LiveLaw (Ker) 418

Sreelatha P. T. V State of Kerala 2023 LiveLaw (Ker) 419

National Insurance Co. Ltd. & Ors. v. S. Sudeep Kumar 2023 LiveLaw (Ker) 420

B.W. Jyothikumar v. Central Bureau of Investigation 2023 LiveLaw (Ker) 421

 Alfa One Global Builders Pvt. Ltd v. Nirmala Padmanabhan 2023 LiveLaw (Ker) 422

K.O. Antony V State of Kerala 2023 LiveLaw (Ker) 423

Asif Azad V State of Kerala 2023 LiveLaw (Ker) 424

Kshetra Upadeshaka Samiti & Ors. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 425

State of Kerala V Varghese MA 2023 LiveLaw (Ker) 426

Chandhini T.K. V State of Kerala 2023 LiveLaw (Ker) 427

Naveen v State of Kerala 2023 LiveLaw (Ker) 428

X v. Y 2023 LiveLaw (Ker) 429

Rajayyan v. State of Kerala 2023 LiveLaw (Ker) 430

S Sukumaran Chettiyar V State of Kerala 2023 LiveLaw (Ker) 431

Angels Nair V The Principal Secretary 2023 LiveLaw (Ker) 432

Judgments/Orders This Week 

Antiquities Act Doesn't Restrict Right Of A Person To Own Or Possess An Art, Artifact Or Antiquity: Kerala High Court

Case title: Rajesh V State of Kerala

Citation: 2023 LiveLaw (Ker) 418

The Kerala High Court held that Antiquities and Art Treasures Act, 1972 (Antiquities Act) does not restrict a person’s right to hold any antiquity such as an idol, irrespective of its age.

Justice Bechu Kurian Thomas held thus:

“….it is evident that the Antiquities Act does not restrict the right of a person to own or possess an art, artifact or an antiquity. If an antiquity is owned or possessed by a person, law restricts that antiquity from being taken out of the country. If there is any antiquity in the possession of a person which has an age of more than 75 years, it is required to be registered with the Director of Archaeological Survey. However, if in case such registration is not done, no consequence is envisaged under the Antiquities Act. Further, if in case the Central Government wants to possess and own an antiquity, they will have to acquire it by paying compensation. In view of the above analysis of the statutory provisions of the Antiquities Act, it is evident that a person is entitled to possess any idol, irrespective of its age.”

Kerala Education Rules | Employees Facing Disciplinary Action For Unauthorised Absence Cannot Rejoin Duty: High Court

Case title: Sreelatha P. T. V State of Kerala

Citation: 2023 LiveLaw (Ker) 419

The Kerala High Court recently held that an employee who has been in unauthorized absence from service and against whom disciplinary proceedings have already been formally initiated cannot be allowed to rejoin the duty.

Justice Viju Abraham added that disciplinary proceedings are considered initiated only upon the issuance of the memo of charges and in such cases, it might impact the eligibility of the employee for immediate reinstatement.

“Therefore, I am of the view that the request of the petitioner to permit her to rejoin duty, pending disciplinary proceedings cannot be accepted.”

Employee Leaving Service On Retirement Or Resignation Has No Right To Claim Leave Encashment Unless Enabled By Statute: Kerala High Court

Case Title: National Insurance Co. Ltd. & Ors. v. S. Sudeep Kumar

Citation: 2023 LiveLaw (Ker) 420

The Kerala High Court recently held that an employee who leaves his service either on retirement, voluntary or otherwise, or on resignation, would have no vested or inherent right to claim leave encashment, unless it is otherwise enabled by the statute, rules, or norms regulating the conditions of service.

The Division Bench comprising Justice Alexander Thomas and Justice C. Jayachandran, made the above observation while considering an appeal preferred by the National Insurance Company seeking to set aside the Single Judge's order directing the Company to disburse leave encashment to the employee on the ground that the same is part of the salary.

Three Agencies Including CBI 'Blotched-Up' Investigation: Kerala High Court Acquits Jyothikumar Sentenced To Life For Patricide

Case Title: B.W. Jyothikumar v. Central Bureau of Investigation

Citation: 2023 LiveLaw (Ker) 421

The Kerala High Court recently set aside the conviction and sentence of B.W. Jyothikumar who had been accused of patricide back in 2007.

The Division Bench comprising Justice P.B. Suresh Kumar and Justice C.S. Sudha lamented the 'blotched-up' manner in which the investigation was conducted as a result of which the culprit would 'scot-free'.

"Inspite of three agencies conducting the investigation they have been unable to give an answer to the question, ‘whodunit’. Even the CBI seems to have been groping in the dark with no definite leads or clue leading them to the culprit. The CBI has established some points to suspect the accused. Suspicion, however grave, is not sufficient to find the accused guilty of the offences alleged against him. The links in the chain of circumstances leading to the hypothesis that it is the accused and no one else who has committed the crime, has not been established. The chain of evidence is not complete as to leave any reasonable ground for the conclusion consistent with the innocence of the accused and show that in all human probability the act must have been done by the accused and accused alone. Hence in these circumstances we are afraid we will have to give the accused the benefit of doubt. The trial court, in our opinion, went wrong in relying on the aforesaid unsatisfactory evidence to conclude that the guilt of the accused has been established beyond reasonable doubt," the Court observed, while allowing the appeal.

Court Where Cheque Is Presented For Collection Has Jurisdiction To Entertain Dishonour Complain U/S 138 NI Act: Kerala High Court

Case title: Alfa One Global Builders Pvt. Ltd v. Nirmala Padmanabhan

Citation: 2023 LiveLaw (Ker) 422

The Kerala High Court has held that the word ‘delivered’ used in Section 142(2)(a) of the Negotiable Instruments Act, 1881 ("NI Act") has no significance for the purpose of determining jurisdiction. Rather, significance must be given to the text ‘for collection through an account’. That is to say, delivery of the cheque takes place where the cheque was issued and presentation of the cheque will be through the account of the payee or holder in due course, and the latter place is decisive to determine the question of jurisdiction.

The Bench comprising Justice A. Badharudeen while dismissing the writ petition has observed that when an issue of jurisdiction arises, the challenge upon jurisdiction has to be raised before the same court and it cannot be a subject matter of writ petition.

Mere Retention Of Blank Signed Cheques Without Misappropriation Does Not Attract Criminal Breach Of Trust: Kerala High Court

Case name: K.O. Antony V State of Kerala

Citation: 2023 LiveLaw (Ker) 423

The Kerala High Court recently held that mere retention of blank signed cheques by the entrusted person without any misappropriation cannot fall within the ambit of criminal breach of trust under Section 405 of the IPC.

Justice Raja Vijayaraghavan V held added that for attracting the offence of criminal breach of trust, the entrusted person must misappropriate or dishonestly use the property entrusted to him for his own use. The Court held thus:

“There is no case for the prosecution that the petitioner has dishonestly misappropriated property entrusted to him contrary to the terms of an obligation imposed. Admittedly, except for retaining blank cheques in his possession, the petitioner has neither dishonestly used nor disposed of the same.”

"Frivolous Litigation": Kerala High Court Upholds Dismissal Of Criminal Complaint Against 48 High Ranking Bureaucrats, Police Officials

Case title: Asif Azad V State of Kerala

Citation: 2023 LiveLaw (Ker) 424

The Kerala High Court upheld the order of a Magistrate dismissing a vexatious compliant filed against 48 high ranking bureaucrats and police officials of the State.

Justice Bechu Kurian Thomas, while dismissing the revision petition, noted that the petitioner had filed the complaint by extracting various statutory provisions with vacuous allegations without any material to substantiate them. The Court held thus:

“As pointed out by the learned Public Prosecutor, the complaint filed by the revision petitioner is undoubtedly an abuse of the process of the court. On an appreciation of the circumstances arising in the case, this Court is of the view that the learned Magistrate was justified in dismissing the complaint, nipping off, at the threshold itself, a frivolous litigation.”

Temple & Its Affairs Can Only Be Administered By Trustee: Kerala High Court Affirms Devaswom Board's Authority In Temple Land Dispute

Case Title: Kshetra Upadeshaka Samiti & Ors. v. State of Kerala & Ors.

Citation: 2023 LiveLaw (Ker) 425

The Kerala High Court, in a dispute pertaining to the encroachment of 65 cents of land of Kootholikavu Sree Bhagavathy Temple, laid down that the Travancore Devaswom Board would not be barred from taking action for repossession of the property, although the said parcel of land had not been handed over to the Board, pursuant to the change of trustee of the Temple.

The Division Bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar reasoned that a temple and its affairs can only be administered by a human agency, which is the trustee of the Deity.

"A Temple and its affairs can be administered only by a human agency, be it private or public; incorporated or unincorporated. Such agency is the trustee of the Deity. When the Travancore Devaswom Board assumed the Kootholikavu Temple, its legal effect is that in place of the earlier trustee of the Deity the Travancore Devaswom Board came in as the new trustee. In law, what all properties, both tangible and intangible, the Deity had would continue to be with the Deity. The Travancore Devaswom Board as the new trustee of the Deity becomes the authority in the management of all such properties of the Deity," the Bench observed.

Govt Cannot Take Advantage Of Its Own Delay Or Inaction: Kerala High Court

Case title: State of Kerala V Varghese MA

Citation: 2023 LiveLaw (Ker) 426

The Kerala High Court recently held that the Government cannot exploit its delay to take action to its advantage and to the detriment of the employee.

A division bench of Justice Alexander Thomas and Justice C Jayachandran came to the conclusion while considering the proposal for sanctioning and regularising the post of a part-time sweeper, to which he was otherwise entitled.

“A subsequent change of the Krishi Bhavan to another premises, the sweeping area of which is allegedly less than 100 sq.m., would not disentitle the sanctioning of the post and the consequent regularisation of the applicant, to which he was otherwise entitled to, as on the date of Annexure-A2 G.O., as evident from Annexure-A3. Inasmuch as the Government chose to sat over the proposal and delayed the same, the Government cannot be permitted to take advantage of its own inaction.”

Husband's Girlfriend Or Woman Who Has Sexual Relations With Him Outside Marriage Cannot Be Prosecuted U/S 498A IPC: Kerala High Court

Case title: Chandhini T.K. V State of Kerala

Citation: 2023 LiveLaw (Ker) 427

The Kerala High Court recently held that the term 'relative' appearing in Section 498A of IPC would not include husband's girlfriend, or a woman with whom a man has sexual relationship outside of marriage.

Section 498A, IPC defines and provides punishment for cruelty committed by the husband or relative of the husband of a woman.

Justice K. Babu added that Section 498-A being a penal provision, has to be construed strictly. The Court held thus:

"The specific language of the Section and the Explanation thereof lead to the conclusion that the word 'relative' would not include a woman with whom a man has had sexual relations outside of the marriage. By no stretch of imagination, a girlfriend or even a woman who maintains sexual relations with a man outside of marriage in an etymological sense would be a 'relative'. The word 'relative' brings within its purview a status. Such status must be conferred either by blood or marriage, or adoption. If no marriage has taken place, the question of one being relative of another would not arise. S.498A, IPC being a penal provision, would deserve strict construction, and unless a contextual meaning is required to be given to the statute, the said statute has to be construed strictly.”

Flawed Investigation, Lack Of Evidence: Kerala High Court Acquits 7 RSS Workers Booked For Murder Of CPI(M) Activist

Case title: Naveen v State of Kerala

Citation: 2023 LiveLaw (Ker) 428

The Kerala High Court acquitted seven members of the RSS who were allegedly involved in the murder of CPI(M) activist, Shihab.

A division bench comprising of Justice P.B. Suresh Kumar and Justice C.S. Sudha stated that they were constrained to acquit the accused not because they are were not the real culprits, but because of flawed investigation and lack of evidence. It held thus:

“…we are constrained to acquit the accused not because we find that they are not the real culprits in the case, but because of the flawed investigation and lack of evidence. We do not find fault with the investigating officer in proceeding with the investigation in the case on the premise that on the facts of this case, the activists of the rganization, RSS must have committed the crime. Our anguish on the other hand, is with regard to the manner in which he jumped into the conclusion without collecting sufficient materials that it is the accused who committed the crime.”

In A First, Kerala High Court Orders Appointment Of Independent Counsel To Represent Child In Custody Case

Case Title: X v. Y

Citation: 2023 LiveLaw (Ker) 429

In an unprecedented move, the Kerala High Court directed the appointment of an independent counsel for rendering pro bono legal services to represent a child in a custody battle between its parents.

While passing the order, the Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas noted that often, the best interests of children are not properly represented in the 'wrangle' between the mother and father.

'Cannot Rule Out Possibility Of Genuine Fatherly Affection': Kerala HC Grants Bail To 77-Year-Old Accused Of Inappropriately Touching, Kissing Girl Child

Case Title: Rajayyan v. State of Kerala

Citation: 2023 LiveLaw (Ker) 430

The Kerala High Court granted bail to a 77-year-old man alleged to have inappropriately touched a 10 year old girl, and kissed her cheeks.

The Single Judge Bench of Justice Ziyad Rahman A.A. expressed doubt as to whether the alleged acts had been committed by the petitioner with sexual intention.

"...on going through the contents of the statement, there is some doubt as to whether the said acts were committed by the petitioner with any sexual intention or not. While considering this question, the fact that, the petitioner is a person aged 77 years, is very much relevant, as a possibility of a genuine fatherly affection cannot be ruled out. Anyhow, it is a matter to be investigated and proved, I am not intend to adjudicate on the said question. However, since there is some shadow doubt as to the intention of the petitioner, I am of the view that, a lenient view is required to be taken in this matter," the Court observed.

Police Officer Who Registered Suo Moto Case Can't Be Asked To Compensate Accused U/S 250 CrPC Upon Acquittal: Kerala High Court

Case title: S Sukumaran Chettiyar V State of Kerala

Citation: 2023 LiveLaw (Ker) 431

The Kerala High Court recently held that a police officer who registered a a suo moto case cannot be asked to compensate the accused after acquittal under Section 250 of CrPC.

Justice Bechu Kurian Thomas held that under Section 250 CrPC, compensation can only be ordered when a case was instituted upon a complaint or upon information given to a police officer. It held thus:

“The said provision contemplates specific instances when such compensation can be ordered. The provision commences with the words “instituted upon complaint or upon information given to a police officer or to a Magistrate”. The intention of the legislature is very clear from the words used, since the code has defined the terms ‘complaint’ in Section 2(d) Cr.P.C., as excluding a police report.”

Consider If Further Conditions Warranted For Permitting Use Of Forest Land For Non-Forest Purposes Like Film Shoot: Kerala HC To Govt

Case title: Angels Nair V The Principal Secretary

Citation: 2023 LiveLaw (Ker) 432

The Kerala High Court directed the State government to consider if further conditions have to be issued while granting permission to use forest land for non-forest purposes like shooting movies, so as to ensure that no damage is caused to the forest and wildlife.

Justice Viju Abraham, held thus,

“The respondents are also directed to consider whether any further additional conditions need be imposed in the matter while granting permission to use the forest for non-forest activities like the one done in the present case, so that no damage is caused to the forest and wild life. With the above said direction WP(C) No.7107 of 2020 is disposed of.”

Other Significant Developments

Actor Assault Case: Kerala High Court Reserves Order On Survivor's Plea For Court-Monitored Probe Into Leakage Of Visuals

Case Title: XXX v. State of Kerala

Case Number: W.P. (Crl.) 445/ 2022

The Kerala High Court on Monday reserved for orders the plea filed by the survivor in the 2017 actor assault case seeking a court-monitored investigation into the leakage of visuals from the Memory Card, and the change in hash value of the memory card thereof, that was kept in court custody.

Justice K. Babu, while reserving the matter for pronouncement of verdict, also appointed Advocate Renjith B. Marar as an Amicus Curiae in the case.

Kerala Bar Council Seeks Response From Advocate Mathew Kuzhalnadan For Allegedly Running Business In Violation Of BCI Rules

The Bar Council of Kerala has sought an explanation from Advocate Mathew A. Kuzhalnadan in the complaint alleging violation of the Bar Council of India Rules for running a business while carrying on his professional practice.

The complaint filed by the Secretary of All India Lawyers Union, Advocate Sajeev C.K., alleges that Kuzhalnadan has been running a resort, namely, 'Captain's Bungalow' in Chinnakanal Panchayat and that the Panchayat has also issued a license for the same.

Ivory Possession Case: Kerala Court Dismisses State's Plea To Withdraw Case Against Actor Mohanlal

Case Title: State of Kerala v Mohanlal & Ors.

A Kerala Court last week dismissed a plea moved by the State seeking consent to withdraw the proceedings pending against Malayalam actor Mohanlal and others in the ivory possession case.

Judicial First Class Magistrate Judge Anju Cletus dismissed the plea noting that the Wild Life Protection Act was implemented to preserve the broader national interests and not individual rights.

"Considering the legislative intention behind the strict provisions of law, the offences allegedly committed by the accused cannot be viewed lightly. Evidently, it is the larger interest of the country that is affected by the commission of an offence under the Wild Life (Protection) Act and not individual rights of any person."

Vehicles With Extensive Modifications Endanger Road Safety: Kerala High Court To Pass Detailed Order

Case title: Suo Moto v State of Kerala

Case number: SSCR 20/2021

The Kerala High Court on Monday orally remarked that the use of extensive modifications on vehicles could endanger public lives and significantly undermine road safety.

The division bench of Justice Anil K. Narendran and Justice P.G Ajithkumar suggested that appropriate action could be taken by the police officials to address this issue, including potentially taking custody of these vehicles.

Halt Construction Of CPI(M) Offices In Idukki If Found Violative Of Orders Of Revenue Authorities: Kerala High Court To Collector

Case Title: One Earth One Life v. State of Kerala

Case Number: W.P. (C) 1801/ 2010

The Kerala High Court on Tuesday directed the construction of the CPI(M) Offices in Udumbanchola taluk, Idukki, to be immediately stopped, if found to be in violation of the orders of the revenue authorities.

The Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas was considering a 2020 petition pertaining to matters of Munnar. The order was passed on being apprised of the construction of party offices at Bison Valley and Shantanpara, in alleged violation of the Revenue Department's orders.

Actor Assault Case: Kerala High Court Relieves Advocate Renjith Marar As Amicus Curiae

Case Title: XXX v. State of Kerala

Case Number: W.P. (Crl.) 445/ 2022

The Kerala High Court on Wednesday relieved Advocate Renjith B. Marar, who was appointed as the Amicus Curia in the 2017 Actor Assault case to assist in the formulation guidelines to be issued to trial courts for preservation of digital evidence submitted to the courts, pursuant to his application seeking the same.

The single bench of Justice K. Babu had, on Monday, appointed Marar as the Amicus while reserving the plea filed by the survivor seeking a court-monitored investigation into the leakage of assault visuals from the Memory Card that was kept in court custody.

Kerala High Court Voices Displeasure Over Continued Construction Of CPI(M) Offices In Idukki Despite Interim Order

Case Title: One Earth One Life v. State of Kerala

Case Number: W.P. (C) 1801/ 2010

The Kerala High Court on Wednesday expressed its displeasure with the ongoing construction of the CPI(M) Party Office in Santhanpara, despite an interim order issued the previous day directing such constructions to be suspended.

The Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas had issued a directive on Tuesday to immediately cease the construction of CPI(M) Offices in Udumbanchola taluk, Idukki if it was found to be violating the orders of revenue authorities. The Court had also mandated the District Police Chief to provide necessary assistance to the District Collector in order to halt the construction.

Plea In Vigilance Court Seeks Probe Into Kerala CM, Daughter And Others For Alleged Bribery In Connection With Mining Interests Of CMRL

Case Title: Gireesh Babu v. Veena Thaikandiyil & Ors.

A plea has been filed before the Court of the Enquiry Commissioner and Special Judge (Vigilance) in Kerala's Muvattupuzha, seeking investigation into the alleged bribery carried out by high ranking public officials of the State in connection with the mining and other business interests of the Cochin Minerals and Rutile Ltd (CMRL).

The Vigilance Court had, on Wednesday, returned the plea on the ground that the affidavit by the petitioner Gireesh Babu did not contain the necessary documents regarding the incident.

Violinist Balabhaskar’s Death: Kerala High Court Expresses Dissatisfaction With CBI's Probe, Trial Deferred

Case title: K.C. Unni v Central Bureau Of Investigation, Soby George v Central Bureau Of Investigation,

Case number: Crl.Rev.Pet 608/ 2022, Crl.Rev.Pet 268/ 2023

The Kerala High Court deferred trial in a criminal case over death of violinist Bhalabhaskar in a car accident. Justice Bechu Kurian Thomas passed the order in two revision petitions filed by the musician's father and another witness, alleging that the accident was a planned attack and seeking further investigation by the CBI.

During the hearing, the Court remarked that the CBI has not properly enquired Prakash Thampi, a suspect in the case who acted as a manager to the deceased. The Court noted that it was the duty of the CBI to probe into the matter with a suspicious mind before coming to the conclusion that it was only a road accident.

Kerala High Court Seeks Response From Centre, State On KeLSA's Plea Seeking Compulsory Registration Of Migrant Workers

Case Title: Kerala State Legal Services Authority v. State of Kerala & Ors.

Case Number: W.P. (C) 28063/ 2023

The Kerala High Court has sought the response of the Central and State Governments on a plea seeking compulsory registration of migrant workers employed in the State.

The matter is before the Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun.

The present Public Interest Litigation (PIL) filed by the Kerala State Legal Services Authority (KeLSA) avers that such compulsory registration is essential for the purpose of regulation and grant of benefits to migrants under various welfare schemes and measures of the Government and allied agencies, as well as to prevent recurrence of events such as the recent gruesome rape and murder of a girl child in Aluva.

Kerala High Court Initiates Suo Motu Contempt Proceedings Against CPI(M) Idukki Secretary For Continuing Office Construction Despite Orders

Case Title: One Earth One Life v. State of Kerala

Case Number: W.P. (C) 1801/ 2010

The Kerala High Court on Thursday initiated contempt of court proceedings against the Idukki District Secretary of CPI(M), C.V. Varghese, for proceeding with the construction of the political party's office at Santhanpara, in violation of the Court's order to halt the same.

The Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas further restrained the party office from being used until further orders.

Will Recall Anticipatory Bail If He Fails To Appear Before Investigating Officer: Kerala High Court Warns Shajan Skaria

Case Title: Shajan Scariya v. State of Kerala & Ors.

Case Number: CRL.M.APPL.NO.3/2023 IN BAIL APPL. NO. 5829 OF 2023

The Kerala High Court on Friday warned of recalling the anticipatory bail granted to Marunadan Malayali Editor Shajan Skaria, in case of any failure on his part to appear before the Investigating Officer tomorrow.

Earlier this month, the Single Judge Bench of Justice K. Babu had allowed Skaria's plea for anticipatory bail, in the case alleging that he interacted with a priest through his YouTube channel 'Marunadan Malayali' with the intention to insult a religion.

Tanur Custodial Death: Kerala High Court Asks Crime Branch For Case Diary To Ascertain If CBI Probe Necessary

Case title: Haris P.M. V State of Kerala

Case number: WP (Crl.) No. 860 Of 2023

The Kerala High Court on Friday directed the production of case diary along with the investigation report to ascertain the progress of investigation into the death of Tamir Jifri in custody at Tanur Police station at Malappuram. The Court will ascertain the progress of Crime Branch and decide if the probe has to be handed over to the CBI.

Justice A. Badharudeen held thus:

“In order to hear the matter in detail, the learned Public Prosecutor is directed to produce the case diary along with the report of the Investigating Officer to ascertain the progress of investigation, and to consider whether CBI investigation is necessary, within a period of 14 days.”

NEET-UG 2023: Kerala High Court Permits Provisional Admission Of Candidates With Locomotor Disability

Case Title: Neha Nizar v. Union of India & Ors. and Nidha T. v. Union of India & Ors.

Case Number: WA 1507 of 2023 and WA 1508 of 2023

The Kerala High Court on Friday ordered the application for Counselling (Allotment process) for NEET-UG – 2023 of two candidates suffering from locomotor disability to be accepted.

The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun passed the interim order stating,

"Prima facie we are of the opinion that when the appellants were permitted to take examination on the basis of the same disability and have cleared the same, the authority may proceed further with the admission and grant such admission if they are found otherwise eligible as per the object and the provisions of the Rights of Persons with Disability Act, 2016. The admission would be subject to the outcome of the writ appeals."

Kerala Court Grants Bail To Shajan Skaria In Forgery Case, Criticises Police For Effecting Arrest Despite Surrender On High Court's Direction

Case Title: Shajan Skaria v. State of Kerala

Case Number: Crl. M.C. No. 2298/ 2023

A Kerala Court on Saturday granted bail to Marunadan Malayali Editor, Shajan Skaria, in connection with a forgery case.

Skaria had appeared before the Nilambur SHO in compliance with the High Court's order in another case. However, upon his surrender, he was arrested by the Investigating Officer of Thrikkakkara police probing the forgery case.

Criticising such a move, Additional Sessions Judge (Vacation Court), Ernakulam, P.K. Mohandas observed,

"When accused persons appear before the investigating officer as per the direction of the Hon'ble High Court in an application for pre-arrest bail, he will be under the expectation that in the case of his arrest, he will be released on bail. He appears before the investigating officer in good faith that he has got protection of the Order of the Hon'ble High Court. Arresting a person while he is proceeding to the police station or on his surrender before the police on the basis of a Court order, in connection with another case, is nothing but making the Court procedures a mockery. It is really a clear abuse of the process of the law."