Kerala High Court Monthly Digest: June 2022 [Citations 252-313]

Vijith Vijayan v. Union of India, 2022 LiveLaw (Ker) 252

Aboobacker K.A & Ors v. Joint Regional Transport Officer, 2022 LiveLaw (Ker) 253

Mannam Sugar Mills Cooperative Ltd v. Deputy Superintendent of Police, 2022 LiveLaw (Ker) 254

R. Baji & Ors. v. KSRTC & Ors, 2022 LiveLaw (Ker) 255

State of Kerala & Anr. v. P. Gopalakrishnan alias Dileep, 2022 LiveLaw (Ker) 256

T.A Ansad v. Sanjay Kumar Thunjhunwala & Ors, 2022 LiveLaw (Ker) 257

Abdul Gafoor @ Kunhumon v. Asst. Director, Directorate of Enforcement & Ors, 2022 LiveLaw (Ker) 258

Sharafudheen V.T v. State of Kerala & Ors, 2022 LiveLaw (Ker) 260

Manager, KPM Higher Secondary School & Anr v. State of Kerala & Ors, 2022 LiveLaw (Ker) 261

Anzar v. Sreedeviyamma & Anr, 2022 LiveLaw (Ker) 262

Kerala State Board of International Human Rights Council v. State of Kerala, 2022 LiveLaw (Ker) 263

K.P. Sasikala & Anr. v. State of Kerala & Ors, 2022 LiveLaw (Ker) 264

Suo Motu v. State of Kerala & Ors, 2022 LiveLaw (Ker) 265

Jaffer Khan v. State of Kerala & Ors, 2022 LiveLaw (Ker) 266

Ayshommabi AM @ Aysha Sulthana v Union Territory of Lakshadweep, 2022 LiveLaw (Ker) 267

K.M. Abdul Jaleel v. Thazhe Iravath Rabiya & Ors, 2022 LiveLaw (Ker) 268

S. Dhanalakshmi v. Sahal V.J & Anr, 2022 LiveLaw (Ker) 269

Swapna Prabha Suresh & Anr. v. Station House Officer & Anr, 2022 LiveLaw (Ker) 270

Anoop v State of Kerala & Ors, 2022 LiveLaw (Ker) 271

Antony v. V.K. Suresh & Ors, 2022 LiveLaw (Ker) 272

Dhruv Sai Kiran v. Union of India, 2022 LiveLaw (Ker) 273

K.K Ibrahim v. Cochin Kaagaz, 2022 LiveLaw (Ker) 275

Rajan J. Pallan & Anr. v. Municipal Corporation of Thrissur & Ors, 2022 LiveLaw (Ker) 276

Suresh Raj v. National Investigation Agency, 2022 LiveLaw (Ker) 277

Oriental Insurance Co. Ltd v. V. Babu & Ors, 2022 LiveLaw (Ker) 278

Vijay Babu v. State of Kerala & Anr, 2022 LiveLaw (Ker) 279

Aishwarya Mohan v. Union of India & Ors, 2022 LiveLaw (Ker) 280

K. Sumangala Devi v. Binu P.N & Ors, 2022 LiveLaw (Ker) 281

Rilgin V. George & Anr v. State of Kerala & Anr, 2022 LiveLaw (Ker) 282

Pauly Vadakkan v. Corporation of Cochin, 2022 LiveLaw (Ker) 283

Malli v. State of Kerala, 2022 LiveLaw (Ker) 284

Raveendran A v. Union of India & Ors, 2022 LiveLaw (Ker) 285

Shibily Sahib & Ors. v. Joint Registrar of Co-operative Societies & Ors, 2022 LiveLaw (Ker) 286

C.C Joy v. C.D Mini & Anr, 2022 LiveLaw (Ker) 287

Neethu v. Trijo Joseph, 2022 LiveLaw (Ker) 288

T.K Pradeep v. Kerala State Road Transport Corporation & Ors, 2022 LiveLaw (Ker) 289

XXX v. Union of India, 2022 LiveLaw (Ker) 290

Suresh Raj v. National Investigation Agency, 2022 LiveLaw (Ker) 291

Vijay Babu v. State of Kerala & Anr, 2022 LiveLaw (Ker) 292

M/S C.S Company & Ors v. Kerala State Electricity Board & Anr, 2022 LiveLaw (Ker) 293

Subaida Ebrahim v. Moosa C & Ors, 2022 LiveLaw (Ker) 294

Arun P. v. State of Kerala & Anr, 2022 LiveLaw (Ker) 295

Jayachandran V. v. State of Kerala & Anr, 2022 LiveLaw (Ker) 296

Sister Sephy v CBI, 2022 LiveLaw (Ker) 297

Rakhi Bose & Anr. v Union of India & Ors, 2022 LiveLaw (Ker) 298

Furseen Majeed & Anr. v. State of Kerala & Anr, 2022 LiveLaw (Ker) 299

Sujith Narayanan v. State of Kerala & Anr, 2022 LiveLaw (Ker) 300

Kerala Private Hospitals Association v. State of Kerala & Ors, 2022 LiveLaw (Ker) 301

Abdul Ansar v. State of Kerala, 2022 LiveLaw (Ker) 302

Southern Dredging Co (P) Ltd v. K. Muhammed Haji, 2022 LiveLaw (Ker) 303

Judgments/Orders This Month:

UAPA Case| Kerala High Court Refuses Bail To 4th Accused Over Alleged Maoist Links

Case Title: Vijith Vijayan v. Union of India

Citation: 2022 LiveLaw (Ker) 252

The Kerala High Court has rejected the bail plea of ​​Vijith Vijayan, the fourth accused in the UAPA case over alleged Maoist links finding that there was prima facie evidence to suggest his involvement in the terror case. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran observed that the general purport of the secret documents in his handwriting prima facie establishes his active participation of the accused in the organizational development and propagation of ideology, both running contrary to the established administrative machinery controlled by an elected Government.

Can't Adopt Rule Of Convenience: Kerala High Court Issues Traffic Directions For Private Transport Buses And Autorickshaws

Case Title: Aboobacker K.A & Ors v. Joint Regional Transport Officer

Citation: 2022 LiveLaw (Ker) 253

The Kerala High Court directed the Police Commissioner and the Regional Transport Authority in Kochi to immediately issue orders prohibiting private transport buses from using horns in city limits and to ensure that they ply only on the extreme left side of city roads. Justice Amit Rawal notified a set of traffic directions for private buses and auto-rickshaws in the Ernakulam district.

Kerala High Court Asks State To Expressly Prohibit Illegal Installations On Pedestrian Handrails Or Any Such Utilities

Case Title: Mannam Sugar Mills Cooperative Ltd v. Deputy Superintendent of Police

Citation: 2022 LiveLaw (Ker) 254

The Kerala High Court asked the State to issue an additional circular or a clarificatory circular specifically communicating that the illegal erection of flag poles and advertisements in any public place or on pedestrian handrails that affects its use by the common man should be acted against. This direction was issued after Justice Devan Ramachandran was informed that the Additional Chief Secretary had issued a circular to all the local self-government institutions as directed by this Court against the illegal installation of any utilities that could block the traffic.

KSRTC Employees Allegedly Not Paid Salary: Kerala HC Calls It A 'Serious Predicament', Seeks Corporation's Response

Case Title: R. Baji & Ors. v. KSRTC & Ors.

Citation: 2022 LiveLaw (Ker) 255

The Kerala High Court sought the response of the Kerala State Road Transport Corporation (KSRTC) and the State on a plea moved by the KSRTC employees alleging that they are not being paid salary promptly. Justice Devan Ramachandran took exception to this situation while finding it to be a 'serious predicament' if found to be true and asked KSRTC to explain how it plans to become self-reliant and take care of its employees.

Kerala High Court Grants Extension Till July 15 For Prosecution To Wind Up Further Investigation In Actor Assault Case

Case Title: State of Kerala & Anr. v. P. Gopalakrishnan alias Dileep

Citation: 2022 LiveLaw (Ker) 256

The Kerala High Court on Friday granted the prosecution an extension till July 15 to conclude the further investigation in the 2017 sexual assault case. Justice Kauser Edappagath thereby allowed the plea moved by the Crime Branch. The prosecution had approached the Court on April 8 seeking an extension to wind up the probe claiming that certain voice clips are highly necessary for proper adjudication of the case to satisfy the Court of the necessity to extend the time frame to complete the further investigation.

Also Read: Actor Assault Case| Kerala High Court Reserves Orders On Crime Branch's Plea Seeking More Time To Complete Further Investigation

Motor Vehicle Accidents | Can't Establish Contributory Negligence Solely Relying On Scene Mahazar: Kerala High Court

Case Title: T.A Ansad v. Sanjay Kumar Thunjhunwala & Ors.

Citation: 2022 LiveLaw (Ker) 257

In an interesting development, the Kerala High Court has ruled that in accident cases where two vehicles are involved, contributory negligence cannot be found against the driver of the other vehicle involved in the accident solely relying on the recitals in the scene mahazar, ignoring the police charge which attributes negligence only against one driver. Justice A. Badharudeen thereby set aside the order of the Motor Accidents Claims Tribunal and allowed the appeal challenging the impugned award.

Twin Conditions For Bail U/S 45 PMLA Declared Unconstitutional By SC Restored By 2018 Amendment: Kerala High Court

Case Title: Abdul Gafoor @ Kunhumon v. Asst. Director, Directorate of Enforcement & Ors.

Citation: 2022 LiveLaw (Ker) 258

The Kerala High Court has recently ruled that while considering a bail application under the Prevention of Money Laundering Act, the twin conditions specified in Section 45(1) of PMLA and the general principles governing the grant of bail under Section 439 of CrPC should be considered. After examining Sections 65 and 71 of the PMLA, Justice Kauser Edappagath found that PMLA has an overriding effect and the provisions of the CrPC would apply only if they are not inconsistent with the provisions of the said Act.

Non-Supply Of Documents Relied Upon In Detention Order Affects Detenus' Right Under Art.22(5): Kerala High Court

Case Title: Nushath Koyamu v. Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 259

The Court has recently ruled that failure to supply the documents which were relied upon by the detaining authority for arriving at the subjective satisfaction to pass the detention order affects the rights of the detenus under Article 22(5) of the Constitution of India, particularly when they were specifically requested for by them. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P, therefore, quashed the detention order observing that the non-supply of the documents had vitally affected the right of the detenus under Article 22(5).

Interfaith Marriage| Kerala High Court Dismisses Habeas Plea Moved By Husband Finding Wife Feared Ill-Treatment From His Parents

Case Title: Sharafudheen V.T v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 260

The Court recently dismissed a habeas corpus petition filed by a husband seeking the production of his wife in an interfaith marriage finding that the wife had grave apprehensions about her safety at the petitioner's residence. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran dismissed the petition filed by the husband contending that his wife has been illegally confined by her father.

Likely To Cause Serious Hardship To All Stakeholders: High Court Stays Recent Amendments To Kerala Education Rules For One Month

Case Title: Manager, KPM Higher Secondary School & Anr v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 261

The Court stayed the operation of the recent amendments to the Kerala Education Rules (KER) for one month as an interim relief in a plea that challenged certain provisions of the said amendment. Justice Raja Vijayaraghavan took the prima facie view that the petitioners had made out a good case on merits.

Amendment With Inconsistent Pleas Without Retracting Wilful Admission In Written Statement Permitted: Kerala High Court

Case Title: Anzar v. Sreedeviyamma & Anr.

Citation: 2022 LiveLaw (Ker) 262

The Court has recently ruled that an amendment application containing inconsistent pleas with that of the original written statement can be submitted without withdrawing wilful admission raised in the statement and that such applications were bound to be admissible. Justice A. Badharudeen thereby set aside the order of the lower court which had dismissed an amendment application finding it to be inconsistent with the petitioner's earlier stand in his written statement.

Actor Assault Case | Kerala High Court Dismisses Plea Challenging Appointment Of New Supervisor For SIT

Case Title: Kerala State Board of International Human Rights Council v. State of Kerala

Citation: 2022 LiveLaw (Ker) 263

The High Court dismissed the petition challenging the transfer of ADGP S. Sreejith from the post of Crime Branch chief and the supervising officer of the 2017 actor sexual assault case. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly dismissed the petition noting that the Court cannot interfere in the State's policy matters after the State submitted a report containing the transfer order and information on the new investigation team as directed.

Kerala High Court Quashes Proceedings Against K.P Sasikala, SJR Kumar In Sabarimala Violence Case

Case Title: K.P. Sasikala & Anr. v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 264

The High Court recently dropped all charges against Hindu Aikya Vedi leader K. P. Sasikala and General Convenor of Sabarimala Karma Samithi SJR Kumar for purportedly triggering a dawn-to-dusk hartal in the State to protest the entry of women into Sabarimala temple in 2018. The said hartal had resulted in large-scale vandalism against which a PIL was moved before this Court to fix liability for the damages caused. Justice Ziyad Rahman quashed the final report filed against the petitioners finding that the allegations were not properly substantiated by the prosecution.

Use Of High-Power Audio Systems, DJ LED Lights, Multi-Toned Horns In Motor Vehicles Not Legally Permissible: Kerala High Court

Case Title: Suo Motu v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 265

The Court has recently held that the use of high-power audio systems with multiple boosters, power amplifiers, speakers and sub-woofers producing loud noise is legally impermissible in motor vehicles. A Division Bench of Justice Anil K Narendran and Justice P G Ajithkumar added that loud sound produced by such audio systems with a rating of several thousand watts PMPO (Peak Music Power Output) will not only impair the hearing of the driver and the passengers but also cause a distraction to other drivers and road users.

State Police Complaints Authority: Kerala High Court Directs Govt To Expeditiously Appoint Independent Chief Investigating Officer

Case Title: Jaffer Khan v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 266

The Court has directed the State Government to finalise the appointment of an independent Chief Investigating Officer in the State Police Complaints Authority (SPCA) within 60 days from April 2022. A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly decided so after the State submitted an affidavit seeking 60 days' time in total to scrutinize the applications, shortlist the candidates, fix the date of interview, conduct the interview, verify the documents and for the final appointment.

Kerala High Court Stays Sedition Proceedings Against Filmmaker Aisha Sultana For 3 Months

Case Title: Ayshommabi AM @ Aysha Sulthana v Union Territory of Lakshadweep

Citation: 2022 LiveLaw (Ker) 267

The Court granted interim relief to filmmaker Aisha Sultana by staying the sedition proceedings pending against her arising from the FIR registered in 2021 by the Lakshadweep Police for a period of 3 months. Justice Ziyad Rahman A.A passed the interim order in a plea moved by the filmmaker seeking to quash all proceedings under Section 124A of IPC based on the recent order of the Supreme Court staying all investigations and trials in sedition cases.

CPC | Commission For Local Investigation Can't Be Set Up To Ascertain Issues Irrelevant To Dispute: Kerala High Court

Case Title: K.M. Abdul Jaleel v. Thazhe Iravath Rabiya & Ors.

Citation: 2022 LiveLaw (Ker) 268

The Court has ruled that a commission for local inspection can only be set up by a court to ascertain matters which are necessary to elucidate the issues involved in the dispute and not on a mere asking by one of the litigating parties. Justice A. Badharudeen added that the appointment of a commission to ascertain issues irrelevant to the dispute is an abuse of the process of court with intent to protract the matter and that such practices should be well curtailed.

Jurisdiction To Be Tried As Preliminary Issue If Raised, Finding At Final Stage Will Cause Undue Hardship To Parties: Kerala High Court

Case Title: S. Dhanalakshmi v. Sahal V.J & Anr.

Citation: 2022 LiveLaw (Ker) 269

The High Court has recently held that where a defendant raises the question of jurisdiction and an issue is framed in the suit regarding jurisdiction, for the convenience of the parties, the same should be tried as a preliminary issue. Justice A. Badharudeen added that the finding regarding jurisdiction at the final stage would only cause undue hardship to the parties.

Kerala High Court Closes Pre-Arrest Bail Plea Moved By Swapna Suresh, Sarith Raising Allegations Against CM

Case Title: Swapna Prabha Suresh & Anr. v. Station House Officer & Anr.

Citation: 2022 LiveLaw (Ker) 270

The Court closed the pre-arrest bail plea moved by Swapna Suresh and Sarith P.S in a case registered against Suresh for allegedly spreading false information against MLA K.T Jaleel, Chief Minister Pinarayi Vijayan and the Government. Justice Viju Abraham closed the plea after recording the Public Prosecutor's submission that the second petitioner (Sarith) was not even implicated in the crime and that an anticipatory bail plea was therefore not maintainable. The Judge also observed that the offences alleged in the FIR registered against Suresh under Section 153 (provocation with the intention to cause riot) and 120B (criminal conspiracy) of IPC were both bailable offences.

Also Read: Swapna Suresh Moves Kerala High Court For Pre-Arrest Bail In Conspiracy Case, Raises Grave Allegations Against Chief Minister

Teens Engage In Sex Unmindful Of Drastic Consequences Under POCSO Act: Kerala High Court Calls For Awareness In Schools

Case Title: Anoop v State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 271

The Court expressed its concerns over adolescents being unaware of the consequences of having sexual relationships with each other, even if they are consensual, under the Protection of Children from Sexual Offences (POCSO) Act and the amended Section 376 of IPC. Justice Bechu Kurian Thomas was adjudicating upon a bail application when he commented on the alarming rise in the number of sexual offences being committed against school children, most of them being cases where teenagers indulged in sexual relationships, oblivious to the severe consequences under the POCSO Act.

Motor Accident | Claimant Compensated By His Insurer Not Entitled To Compensation For Same Damages From Offending Vehicle's Insurer: Kerala High Court

Case Title: Antony v. V.K. Suresh & Ors.

Citation: 2022 LiveLaw (Ker) 272

The Court has recently established that a claimant who was compensated by his own insurer is not entitled to get any compensation again for the very same damages from the owner or insurer of the offending vehicle in cases of motor accidents. Justice A. Badharudeen held so after finding that the Apex Court had held that the law of insurance recognises an equitable corollary of the principle of indemnity; when the insurer had indemnified the insured, the rights and remedies of the insured against the wrongdoer stand transferred to the insurer.

Children Are Not Toys At Administrators' Mercy, Revising Kendriya Vidyalaya Guidelines After Commencement Of Admission Process Arbitrary: Kerala HC

Case Title: Dhruv Sai Kiran v. Union of India

Citation: 2022 LiveLaw (Ker) 273

The Court ruled that the decision taken by the Kendriya Vidyalaya Sangathan (KVS) to revise and alter the admission guidelines for Kendriya Vidyalayas after the admission process had already started, is arbitrary, unreasonable, irrational and not taken in public interest. Justice Raja Vijayaraghavan V. added that while the National Education Policy 2020 (NEP) may be laudable when adopting and implementing such policies, the State ought to have been careful not to trample upon the rights of minor children while striving to uphold the rights of others.

Should Not Adopt Hypertechnical Approach When Accused Produces Evidence To Support Plea Of Juvenility: Kerala High Court

Case Title: Arjun Reghu v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 274

The Court has held that courts shall not employ a hypertechnical approach when the accused produces sufficient evidence in support of his argument that he was a juvenile at the time of commission of the crime. Justice A. Badharudeen added that the claimant discharging the burden mentioned in the Juvenile Justice (Care and Protection of Children) Act or its Rules is sufficient to prima facie satisfy the Court to decide the question of juvenility.

Party Can't Claim Refund Of Court Fee If Dispute Not Settled After Being Referred To Arbitration: Kerala High Court

Case Title: K.K Ibrahim v. Cochin Kaagaz

Citation: 2022 LiveLaw (Ker) 275

The Court has recently held that mere reference of a party for settlement under Section 89 of the Code of Civil Procedure would not entitle refund of court fee as provided under Section 69A of the Kerala Court Fees and Suits Valuation Act, unless it has been settled between the parties. Justice A. Badharudeen held that although settlement of disputes dealt under Section 89 of CPC includes `arbitration' as well, a party is not entitled to get a refund of the court fee merely because they were referred to arbitration under Section 69 of the Act.

Kerala Municipality Rules | Pending Cases Not A Ground For Chairperson To Reject Request To Convene Municipality Meetings: High Court

Case Title: Rajan J. Pallan & Anr. v. Municipal Corporation of Thrissur & Ors.

Citation: 2022 LiveLaw (Ker) 276

The Court has held that a request for convening a meeting as per Rule 7 of Kerala Municipality (Procedure for Meeting of Council) Rules can be rejected only if the conditions mentioned in the proviso to Rule 7(1) are not complied with or if the request is not made by one-third of the members in the Council existing at that time. Justice P.V. Kunhikrishnan also added that pendency of some cases before the Court is not a ground to reject a request for convening a meeting as per Rule 7(1).

NIA Court Can Entertain Application For Tender Of Pardon Preferred At Investigation Stage U/S 306 CrPC: Kerala High Court

Case Title: Suresh Raj v. National Investigation Agency

Citation: 2022 LiveLaw (Ker) 277

The Court held that a Special Court constituted under the National Investigation Agency Act can invoke the powers under Section 306 of the Code of Criminal Procedure (CrPC) to grant pardon to an accused at the post cognizance stage. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran also opined that it is always advisable for a Special Court to consider an application for grant of pardon by itself if cognizance is taken directly, though it can be referred to the Chief Judicial Magistrate.

Motor Accident Death | Kerala High Court Lays Down 'Twin Conditions' To Claim Compensation In Plea Alleging Driver's Negligence

Case Title: Oriental Insurance Co. Ltd v. V. Babu & Ors.

Citation: 2022 LiveLaw (Ker) 278

The Court has held that in a claim under Section 166 of the Motor Vehicles Act, the petitioners must prove not only the negligence on the part of the driver or rider but also prove that the person alleged to have sustained injuries in a motor accident died in consequence of the accidental injuries. Justice A. Badharudeen added that it is the burden of the petitioners to adduce evidence to satisfy the allegations raised by them since grant of compensation therein is based on the principle of `fault' liability.

Bailable Offence: Kerala High Court Closes Vijay Babu's Anticipatory Bail Plea In Case For Revealing Identity Of Actress Who Accused Him Of Rape

Case Title: Vijay Babu v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 279

The High Court has closed the proceedings in an anticipatory bail plea moved by actor-producer Vijay Babu in the case for allegedly revealing on social media, the identity of the actress who has accused him of sexually exploiting her. Justice Bechu Kurian Thomas closed the matter upon noting that the actor was booked under bailable offences in that case.

CLAT Clearance Mandate For NTPC Law Officer Appointment Violative Of Article 16: Kerala High Court

Case Title: Aishwarya Mohan v. Union of India & Ors

Citation: 2022 LiveLaw (Ker) 280

The High Court has held that the condition mandating applicants to clear CLAT for applying to the post of Assistant Law Officer in National Thermal Power Corporation Limited (NTPC) was violative of Article 16 of the Constitution of India. However, to avoid upsetting the entire selection process, Justice V.G. Arun directed the respondents to accept the petitioner's application and test her eligibility through a selection process.

Kerala Education Rules | Right To Preferential Appointment Expires Once Claimant Is Appointed In Any Future Vacancies: HC Full Bench Differs From Precedent

Case Title: K. Sumangala Devi v. Binu P.N & Ors.

Citation: 2022 LiveLaw (Ker) 281

The Court has ruled that the right to preferential appointment obtained by a claimant under Rule 51A of Chapter XIV-A of the Kerala Education Rules (KER) does not continue to be available to them once this right has been effectuated through an appointment in future vacancies that arise in any category of teaching posts under the same educational agency. A Full Bench of Justice A.K Jayasanaran Nambiar, Justice Raja Vijayaraghavan V and Justice Mohammed Nias C.P thereby differed with the position in Sandhya T.N v. Jalaja Kumari & Ors [2008 (3) KLT 655] while adjudicating upon a reference made by the Division Bench doubting the correctness of the proposition of law laid down in the impugned decision.

Merely Being In Uniform Does Not Attract S.353 IPC: Kerala High Court Grants Anticipatory Bail To Lawyers Accused Of Assaulting Police Officer

Case Title: Rilgin V. George & Anr v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 282

The High Court allowed the anticipatory bail application moved by two lawyers accused of assaulting a police officer in uniform while he was at the Court in relation to an ongoing enquiry against him. Justice P.V. Kunhikrishnan decided to allow the plea upon suspecting that they were booked under Section 353 of the Indian Penal Code (IPC) in a deliberate attempt to implicate them in a non-bailable offence, particularly since that was the only non-bailable offence alleged against them.

Bane Of Our System': Kerala High Court Calls For Safety Measures Around Road Work Sites Amid Rising Number Of Accidents

Case Title: Pauly Vadakkan v. Corporation of Cochin

Citation: 2022 LiveLaw (Ker) 283

The Court has urged the State government and the Public Works Department (PWD) to expeditiously draw their attention to introducing and implementing safety protocols in the ongoing road work sites across the State. Justice Devan Ramachandran accordingly asked the Senior Government Pleader to ascertain whether there are any protocols with respect to the security and safety measures to be enforced in the ongoing work sites.

Tribal Lynching Case: Family Seeks Replacement Of Prosecutor, Kerala High Court Stays Trial Court Proceedings

Case Title: Malli v. State of Kerala

Citation: 2022 LiveLaw (Ker) 284

The High Court stayed until further orders, the trial in the murder of 27-year-old tribal youth Madhu, who was beaten to death by a mob at Kadukumanna hamlet in Attappadi in February 2018 allegedly for stealing rice from a grocery shop. Justice Mary Joseph put the proceedings on hold and sought the response of the State on the matter to be informed within 10 days.

Kerala High Court Orders Postmortem & DNA Test Of Seafarer Found In Tunisian Waters After Family Suspects Homicide

Case Title: Raveendran A v. Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 285

The High Court approved the request for a post-mortem and DNA test of the Indian seafarer whose body was found in Tunisian waters after his family raised suspicions of homicide in his death. Justice V.G. Arun also suo moto impleaded the Director General of Police in the plea moved by the father of the 27-year-old seaman who went missing from his vessel.

Not Earnest In Discharging Duties Despite Court Orders: Kerala High Court Raps Police Over Postponement Of Cooperative Society Election

Case Title: Shibily Sahib & Ors. v. Joint Registrar of Co-operative Societies & Ors.

Citation: 2022 LiveLaw (Ker) 286

The Court expressed its concern over the inaction of the police to avoid riots at a scheduled election to a Cooperative Society despite specific court orders, which in turn encourages the widespread politicisation of cooperative societies in the State. A Division Bench of Justice P.B. Suresh Kumar and Justice C.S Sudha observed that when this Court directs police protection for an election, the police is obliged to ensure that every member willing to cast vote is not obstructed by anyone. It was found that when the Police were informed by the Returning Officer himself that there would be law and order issues on the date of polling, the Police ought to have taken all necessary steps for the smooth conduct of the election.

Intention Of Parties A Key Factor To Ascertain Benami Transactions: Kerala High Court

Case Title: C.C Joy v. C.D Mini & Anr.

Citation: 2022 LiveLaw (Ker) 287

The High Court recently ruled that the intention of the parties is a key factor in determining if a transaction was benami or not, which could be ascertained from the tests laid down by the Apex Court for this purpose. A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas also laid down that as long as there is no evidence to the contrary, when a husband purchases property joining his wife as a name lender, he is still the beneficiary of such property, but if it was purchased in her favour, then she would be the beneficiary.

DV Act | Court Can Strike Off Defence For Willful Non-Compliance With Order For Interim Maintenance: Kerala High Court

Case Title: Neethu v. Trijo Joseph

Citation: 2022 LiveLaw (Ker) 288

It has been ruled that a Court can strike off the defence of the defaulter if they deliberately or willfully refuse to comply with its order directing payment of interim maintenance under the Protection of Women from Domestic Violence Act (DV Act). Justice Kauser Edappagath held so after observing that in Rajnesh v. Neha & Anr, the Supreme Court had upheld the power of the court to strike off the defence if there was willful and contumacious non-compliance with the order of payment of maintenance.

KSRTC Employees Complain Of Working Over 8 Hours: Kerala High Court Seeks Explanation On Fixing Schedule

Alarming No. Of Women Succumbing To Breast Cancer Due To Inability To Afford Treatment: Kerala HC Asks Centre To Consider Compulsory Licensing Of Drug Ribociclib

Case Title: XXX v. Union of India

Citation: 2022 LiveLaw (Ker) 290

The Court has directed the Department for Promotion of Industry and Internal Trade to consider compulsory licensing of Ribociclib, a life-saving breast cancer drug considering the alarming number of women who succumb to the disease merely because they could not afford treatment. Justice V.G. Arun found this issue to be demanding serious consideration at the hands of the concerned authorities and issued an interim direction to the Department to pass a reasoned order on this issue after consulting with the relevant authorities.

S.306/307 CrPC | Pardon Can Be Tendered To Any Person Privy To The Offence, Not Only The Accused: Kerala High Court

Case Title: Suresh Raj v. National Investigation Agency

Citation: 2022 LiveLaw (Ker) 291

The Court has held that under Sections 306 and 307 of the Code of Criminal Procedure (CrPC), a pardon can be granted to any person even if they have not been arraigned as an accused in the final report, as long as they were privy to the offence. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran opined so after observing that the language employed in Sections 306 and 307 is not 'an accused person' but 'any person', which implies that the person to whom pardon is to be tendered need only be 'directly or indirectly concerned in or privy to' the offence.

Kerala High Court Grants Anticipatory Bail To Actor-Producer Vijay Babu In Rape Case Subject To Conditions

Case Title: Vijay Babu v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 292

The High Court granted pre-arrest bail subject to conditions to Malayalam actor-producer Vijay Babu's plea in the case where an actress accused him of sexually exploiting her. Justice Bechu Kurian Thomas allowed the anticipatory bail plea with a condition that limited custody of the actor shall be available to the investigating officer.

Also Read: 12 Circumstances That Persuaded Kerala High Court To Grant Pre-Arrest Bail To Vijay Babu In Rape Case

Suit Against A Firm Is A Suit Against All Persons Who Were Its Partners When Cause Of Action Occured: Kerala High Court

Case Title: M/S C.S Company & Ors v. Kerala State Electricity Board & Anr.

Citation: 2022 LiveLaw (Ker) 293

The Court has held that a suit instituted by or against a firm is a suit by or against all the partners of the firm and that the firm's name stands for all who were partners at the time when the cause of action arose. A Division Bench of Justice P.B. Suresh Kumar and Justice C.S. Sudha pointed out that the policy underlying Order XXX (Suits by or against firms and persons carrying on business in names other than their own) CPC, is to avoid a long array of parties and to allow a convenient mode of institution of suits by/against partners collectively, who carry on business under a particular name.

CPC| Order For Rateable Distribution Of Property Among Various Decree Holders Bars Them From Setting-Off Their Individual Debt: Kerala High Court

Case Title: Subaida Ebrahim v. Moosa C & Ors.

Citation: 2022 LiveLaw (Ker) 294

The Court recently ruled that under the Code of Civil Procedure (CPC), when there is an order of rateable distribution for a property in favour of separate decree holders, one of them cannot claim to set-off their entire debt from the sale proceeds. A Division Bench of Justice Anil K. Narendran and Justice P.G Ajithkumar held that in a case where rateable distribution is ordered by the Court, the decree-holder only has the right to set off a proportionate amount he is entitled to.

Any Hindrance To Medical Workers Qualify As Violence: Kerala High Court Denies Pre-Arrest Bail To Man Accused Of Obstructing Doctor

Case Title: Arun P. v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 295

The Kerala High Court on Monday denied anticipatory bail to a man accused of obstructing a doctor from performing her official duty finding that under the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, even an obstruction or hindrance committed on a healthcare person is a grave offence. Justice Bechu Kurian Thomas observed that violence against a medical professional was a non-bailable offence and granting anticipatory bail to the petitioner would defeat the legislative mandate.

Delinquent's Right To Receive Enquiry Report Must Be Read Into Every Statute Even If Not Explicitly Stated: Kerala High Court

Case Title: Jayachandran V. v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 296

The Court has held that a delinquent's right to receive the enquiry report is considered an essential part of a reasonable opportunity to be extended to them and a refusal to furnish the report amounts to a denial of their right to defend themselves in the disciplinary proceedings. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P also held that even if such a right is not explicitly stated in the statute, being a fundamental and essential part of the natural justice, it must be read into every statute.

Sister Abhaya Murder Case: Kerala High Court Grants Bail To Convicts Sister Sephy, Father Kottoor With Conditions

Case Title: Sister Sephy v CBI

Citation:2022 LiveLaw (Ker) 297

The Court allowed the applications filed by convicts Sister Sephy and Father Thomas Kottoor seeking suspension of the life sentence imposed on them in the sensational Sister Abhaya murder case. A Division Bench of Justice K Vinod Chandran and Justice C. Jayachandran thereby granted bail to the convicts with the condition to execute bonds of Rs. 5 lakh each and two solvent sureties. If their conviction and sentence were upheld or even modified, the time during which they are so released was to be excluded in computing the term of their sentence as provided in Section 389(4) CrPC.

Also Read: Sister Abhaya Murder Case : Kerala High Court Raises Prima Facie Doubts At Witness Statements While Suspending Convicts' Sentence

'Assisted Reproductive Technology Act Doesn't Apply' : Kerala HC Allows Development Of Embryo Kept Frozen By Couple For 8 Years

Case Title: Rakhi Bose & Anr. v Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 298

The Court ruled that the right of a frozen embryo to develop into a foetus and then be born cannot be obstructed by relying on provisions in the Assisted Reproductive Technology (Regulation) Act, 2021. Justice V.G Arun observed that the main objective of the Act was to prevent abuse of assisted reproductive procedures and not to pose hurdles in the way of aspiring parents.

In-Flight Protest Against Chief Minister: Kerala High Court Grants Bail To 2 Youth Congress Workers

Case Title: Furseen Majeed & Anr. v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 299

The High Court granted bail to two Youth Congress workers, Furseen Majeed and R.K Naveen, who were arrested and remanded following their protest against Chief Minister Pinarayi Vijayan on a flight at the Thiruvananthapuram airport. Justice Viju Abraham granted bail to the petitioners noting that considering the nature of the allegations, further custodial interrogation of the petitioners did not seem necessary.

In-Flight Protest Against Chief Minister: Kerala High Court Grants Pre-Arrest Bail To 3rd Accused

Case Title: Sujith Narayanan v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 300

The High Court granted pre-arrest bail to a Youth Congress worker Sujith Narayanan who has been accused of conspiring to protest against Chief Minister Pinarayi Vijayan on a flight at the Thiruvananthapuram airport. Justice Viju Abraham granted anticipatory bail to the petitioner observing that while the first two accused allegedly involved in the incident were arrested, there was no attempt at all to arrest him.

Consider Placing Hospitals Under Police Protection: Kerala High Court To State Over Increasing Attacks On Medical Personnel

Case Title: Kerala Private Hospitals Association v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 301

Stating that reports of attacks on healthcare persons have become a routine, the Kerala High Court on Thursday asked the State government to consider its suggestion of placing police presence in hospitals, at least in the most sensitive areas for now, which can later be extended to other places in due time. A Division Bench of Justice Devan Ramachandran and Justice Kauser Edappagath also said that while statutory provisions provide for stringent penalties, this does not seem to be a sufficient deterrent for the assailants.

School Girl Injured After Conductor Signals Driver To Move While She Was Boarding The Bus: Kerala High Court Upholds Conviction U/S 308 IPC

Case Title: Abdul Ansar v. State of Kerala

Citation: 2022 LiveLaw (Ker) 302

The Court recently ruled that a conductor of a stage carriage bus, ringing its bell and signalling the driver to move forward when a passenger was boarding it thereby causing serious injury to the passenger is an act punishable under Section 308 of the Indian Penal Code. Section 308 punishes the attempt to commit culpable homicide. Justice P.G. Ajithkumar held so after finding that the conductor has a statutory duty to ensure the safety of the passengers and that he would thereby have sufficient knowledge that his action of ringing the bell could have fatal consequences.

Plea Of Adjustment Should Be Raised Before Institution Of Suit: Kerala High Court Reiterates

Case Title: Southern Dredging Co (P) Ltd v. K. Muhammed Haji

Citation: 2022 LiveLaw (Ker) 303

The High Court has reiterated that a plea of adjustment can be pressed into service only if raised before the institution of the suit and not afterwards, unlike a plea for set-off. Justice A. Badharudeen also noted that leave for filing additional written statements is usually not granted by courts if they are filed after a long delay. The Judge added that to determine whether a plea raised in defence is a plea of set-off or of payment by adjustment it has to be ascertained as to whether a separate action could be maintained by the defendant on the basis of his claim.

Kerala Education Rules | Only State-Authorised Officer Empowered To Extend Higher Secondary School Teachers' Suspension Beyond 15 Days: High Court

Case Title: Rev. T.G. Johnson v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 304

The High Court recently observed that according to the proviso to Rule 67(7) of Chapter XIVA of Kerala Education Rules (KER), sanction to extend the period of suspension of a teacher in Higher Secondary School can only be granted by the officer authorised by the Government, and not by the Director of General Education (DGE). Justice Bechu Kurian Thomas added that though the power of suspension is only with the school Manager and for the first 15 days the said power is absolute, the subsequent power to extend the period of suspension is a regulated power.

Can Anticipatory Bail Plea Of Accused Who Went Abroad After Registration of Crime Be Entertained? Kerala HC Doubts "Vijay Babu" Judgment

Case Title: Anu Mathew v. State of Kerala

Citation: 2022 LiveLaw (Ker) 305

Justice P.V Kunhikrishnan differed from the law laid down by the High Court's coordinate bench last week wherein it was held that Section 438 of the Code of Criminal Procedure has no restrictive mandate that a person outside India cannot file an application seeking anticipatory bail. While granting anticipatory bail to actor-producer Vijay Babu in a rape case, Justice Bechu Kurian Thomas had held that a person who is outside India can very well file an anticipatory bail application, as long as before the final hearing, the accused is in India. 

Courts Should Make Every Endeavour To Dispose A Case On Merits Rather Than On Default: Kerala High Court

Case Title: Zerita Ashlen Rocha & Anr v. Ann Mary Varghese

Citation: 2022 LiveLaw (Ker) 306

The High Court has ruled that courts should attempt to dispose of matters on merit rather than on default and avoid utilising a hypertechnical approach when presented with a case. Justice C.S Dias held so after observing that a trial court had overlooked the timely submission of a written statement in a money suit merely because it contained certain formal defects.

Trial Courts Should Pass Speaking Orders In Main Case & Counter-Case, Refrain From Dismissing Counter Cases On Flimsy Grounds: Kerala High Court

Case Title: Amir & Anr v. State of Kerala

Citation: 2022 LiveLaw (Ker) 307

The High Court has laid down the procedure to be adopted when there is a case and a counter case and the trial court is of the opinion that the counter case is to be discharged. Justice P.V Kunhikrishnan opined that trial courts should refrain from taking shortcuts by dismissing the counter-case on flimsy grounds through non-speaking orders.

Arrest In Breach Of "Arnesh Kumar" Guidelines : Kerala High Court Seeks Explanation From Judicial Magistrate For Remanding Accused

Case Title: Gopika Jayan & Anr v. Faisal M.A

Citation: 2022 LiveLaw (Ker) 308

The Court recently sought an explanation from a Judicial Magistrate for remanding an accused without satisfying if the arrest has been carried out in compliance with the principles laid down by the Supreme Court in Arnesh Kumar v State of Bihar. A Division Bench of Justice Alexander Thomas and Justice Shoba Annamma Eapen also issued a contempt notice to the Police Officer who carried out the arrest while condemning the lack of response from his side in the proceedings.

Right To Worship Is A Civil Right Subject To Restrictions Imposed By Temple's Managing Committee: Kerala High Court

Case Title: Suo Motu v. The Managing Committee & Ors.

Citation: 2022 LiveLaw (Ker) 309

The High Court recently directed the Guruvayur Devaswom Managing Committee to ensure that any entry restrictions imposed into the Nalambalam of Guruvayur Sree Krishna Temple are strictly complied with and are not flouted by any individual, including its members, Administrators or former officers. The Division Bench of Justice Anil K. Narendran and Justice P.G Ajithkumar also ruled that a worshipper was bound to exercise their right to worship subject to the traditions and restrictions in place.

Non-Compliance With S.279, 281 CrPC Only An Irregularity But That Is Not Permission To Violate It: Kerala High Court

Case Title: K.B. Rasheed v. State of Kerala

Citation: 2022 LiveLaw (Ker) 310

The High Court has ruled that failure to interpret evidence against the accused in the language they are familiar with, as mandated under Sections 279 and 281 of CrPC, may be a mere irregularity, but the prosecution is not allowed to violate these provisions. Justice PG Ajithkumar observed so in the light of precedents which establish that non-compliance with Sections 279(1), 279(2) or 281(4) is a mere irregularity, and that unless prejudice is caused to the accused, that irregularity will not vitiate the trial altogether.

Young Minds Develop Negative Notions Of Justice Delivery System: Kerala HC Suggests Introducing Child-Friendly Rooms In Family Courts

Citation: 2022 LiveLaw (Ker) 311

The Kerala High Court has suggested introducing child-friendly rooms in all Family Courts in the State after finding that they were operating with inadequate infrastructure and facilities. The Court thereby directed the Registrar of the District Judiciary to submit a report on the number of POCSO Courts functioning in the near vicinity of all Family Courts and to explore the possibility of dedicating a separate room in all the Family Courts. A Division Bench of Justice A Muhamed Mustaque and Justice C.S Dias observed that the congested and overcrowded premises often scar young children who are forced to visit the courts with an averse idea of the justice delivery system in the country.

Kerala High Court Asks Censor Board To Decide Objection Filed Against Prithviraj-Starrer 'Kaduva'

Case Title: Jose Kuruvinakkunnel v. Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 312

The High Court asked the Central Board of Film Certification to take a decision on the objection filed before it challenging the proposed theatre release of Prithviraj-starrer Malayalam movie 'Kaduva'. Justice V.G Arun also asked the authority to take an independent decision on the same after personally hearing the parties, dehors the findings of the civil court on the release of the movie.

Potential Cabinet Papers Yet To Be Brought Before Council Of Ministers Exempted From Disclosure Under RTI Act: Kerala High Court

Case Title: Jayachandran v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 313

The High Court has ruled that potential cabinet papers which have not yet been brought before the Council of Ministers are exempted from disclosure under the Right to Information Act. Section 8(1)(i) of the RTI Act exempts disclosure of cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers. Justice Murali Purushothaman held that such exemption is also applicable to "potential" cabinet papers since, if disclosure of information is allowed before it reaches the Council, the provision for exemption under Section 8(1)(i) of the Act will stand defeated.

Other Developments

'Woman Not Prosecuted If She Tricks Man With False Promise Of Marriage': Kerala High Court Says Rape Should Be Gender-Neutral Offence

In a noteworthy development, the Kerala High Court orally remarked that the offence of rape should be made gender-neutral while adjudicating upon a matrimonial dispute moved by a divorced couple over custody of their child. Justice A Muhamed Mustaque made the observation when during the course of the case when the party brought up the fact that the husband in the case had once been accused in a rape case. However, the husband's counsel argued that he was currently released on bail and that the said allegation was based on unsubstantiated accusations of sex under a false promise of marriage.

Kerala High Court Issues Precautionary Guidelines Amid Rising Covid-19 Cases Among Employees

The Kerala High Court has released an official memorandum with precautionary guidelines to be complied with by the employees in light of the rising number of Covid-19 cases reported at the Court, including wearing masks, maintaining social distancing and avoiding biometric scan for entry in case of employees displaying symptoms.

'Unsavoury Incidents Occurring In Court Halls': Kerala High Court Advocates' Association Urges Junior Lawyers, Interns To Follow Dress Code, Maintain Decorum

The Kerala High Court Advocates' Association has released a notice urging junior lawyers and law interns to stick to the dress code prescribed for lawyers by the Bar Council of India and the High Court and to maintain the decorum of the court. The Association in its notice has mentioned that several 'unsavoury' incidents had gone down in court halls since the physical hearings resumed due to recently enrolled junior lawyers and law interns not being accustomed to the 'decorum' of the courts.

Kerala High Court Issues Notice On Rape Survivor's Plea To Cancel Bail Of Tattoo Artist Sujeesh

Case Title: X v. State of Kerala & Anr.

The Kerala High Court has issued notice on a plea seeking to cancel the bail granted to tattoo artist Sujeesh P.S, who was accused of rape by multiple women. While admitting the plea moved by one of the survivors, Justice Kauser Edappagath issued notice to the State and Sujeesh. Sujeesh, who runs two tattoo studios in the State, had earlier made the front page for reportedly sexually abusing multiple women while tattooing them. There are currently at least 7 FIRs registered against Sujeesh, two for rape and the others for sexual assault under Section 354 of the Indian Penal Code.

Centre Says K-Rail SilverLine Not Yet Sanctioned, State Informs Kerala High Court Project Has In-Principle Permission

Case Title: Muralikrishnan v. State of Kerala & connected matters

The Railway Board informed the Kerala High Court that sufficient details of the technical feasibility of the K-Rail Silverline were not available in the detailed project report (DPR) submitted by the State Railway Development Corporation Ltd. Justice Devan Ramachandran was also informed that the Railways had not concurred with the social impact assessment (SIA) study currently conducted by the State.

Plea Seeks To Initiate Contempt Case Against Dubbing Artist Bhagyalakshmi Over Her Remarks In Kerala Actor Assault Case

A petition has been filed before the Advocate General seeking permission to initiate contempt of court proceedings against dubbing artist and actor K. Bhagyalakshmi for her allegedly contemptuous remarks against the judiciary in the 2017 actor assault case. The plea moved by Kerala High Court Advocate M.R. Dhanil is in light of the fact that Bhagyalakshmi had made certain remarks about the ongoing trial of the actor assault case while speaking at a public function organised at Sahitya Akademi in Thrissur.

Steps Taken To Improve Productivity & Turnover: KSRTC Before Kerala High Court In Employees' Plea Alleging Delay In Salary Disbursement

Case Title: R. Baji v. Kerala State Road Transport Corporation Ltd.

The Kerala State Road Transport Corporation (KSRTC) has submitted a counter affidavit before the Court asserting that it has been contemplating new measures to increase its productivity and thereby generate more revenue, in a plea moved by the KSRTC employees alleging that they are not being paid salary promptly. In its counter-affidavit, KSRTC has submitted that it was undergoing an acute financial crisis and that at present it was not feasible to formulate any scheme for prompt payment of salary on the first week of every month due to scarcity of funds.

Memory Card In Actor Assault Case Allegedly Accessed Without Authorisation: Crime Branch Moves Kerala High Court Seeking Forensic Analysis

Case Title: State of Kerala v. XXX

The State has approached the Court challenging the order of the Ernakulam Additional Special Sessions Court rejecting the Crime Branch's petition to forward the memory card allegedly containing the visuals of the crime in the 2017 actor sexual assault case for forensic examination. The said memory card is a crucial piece of evidence in the ongoing trial in the 2017 case and has been marked as an exhibit before the trial court. During the examination of the memory card, the FSL experts noticed a change in the hash value of the card, which indicates unauthorised access.

Also Read: Kerala High Court Holds Obituary Reference To Condole The Demise Of 6 Advocate

Kerala High Court Extends Interim Pre-Arrest Bail Granted To Actor-Producer Vijay Babu In Rape Case

Case Title: Vijay Babu v. State of Kerala & Anr.

The Court extended till Monday, the interim anticipatory bail granted to actor-producer Vijay Babu in the case where an actress accused him of sexually exploiting her. Justice Bechu Kurian Thomas extended the interim bail when he was informed that the DGP was indisposed and required time to appear in the case.

Case Title: Swapna Prabha Suresh v. Station House Officer & Anr.

The Court directed the prosecution to produce a copy of the FIS and the alleged complaint against Swapna Suresh, the prime accused in the infamous gold smuggling case, in her plea to quash the FIR registered against her for allegedly spreading false information against MLA K.T Jaleel, Chief Minister Pinarayi Vijayan and the Government. Justice Ziyad Rahman also sought the view of the prosecution and posted the matter on Tuesday.

Also Read: Swapna Suresh Moves Kerala High Court To Quash FIR Alleging Conspiracy Behind Her Remarks Against Chief Minister

Actor Assault Case| Kerala High Court Judge Recuses From Hearing Crime Branch's Plea Seeking Forensic Analysis Of Memory Card

Case Title: State of Kerala v. XXX

Justice Kauser Edappagath of the High Court recused from hearing a petition moved by the Crime Branch challenging the order of the Ernakulam Additional Special Sessions Court which rejected its petition to forward the memory card allegedly containing the visuals of the crime in the 2017 actor sexual assault case for forensic examination.

Actor Assault Case: Kerala High Court Asks Crime Branch To Explain Significance Of Hash Value Change In Memory Card

Case Title: State of Kerala v. XXX

The High Court asked the Crime Branch to explain the significance of a change in the hash value of the memory card in its petition challenging the order of the Ernakulam Additional Special Sessions Court which rejected its petition to forward the memory card allegedly containing the visuals of the crime in the 2017 actor sexual assault case for forensic examination. Justice Bechu Kurian Thomas also asked the prosecution if it wasn't better if the accused is also heard in the matter and if this would benefit the accused in any manner.

Also Read: Former Kerala High Court Judge Justice MC Hari Rani Passes Away

Kerala High Court Asks Prosecution To Produce Case Diary In Vijay Babu's Pre-Arrest Bail Plea

Case Title: Vijay Babu v. State of Kerala & Anr.

The High Court continued hearing the anticipatory bail plea moved by Malayalam actor-producer Vijay Babu in the case where an actress accused him of sexually exploiting her. Justice Bechu Kurian Thomas asked the prosecution to produce the case diary in the matter while posting it tomorrow to conclude the arguments of the actor. The Court has been hearing the case at length for the last two days, analysing the WhatsApp and Instagram messages between the actor and the complainant in detail to ascertain the relationship between the duo.

Also Read: Kerala High Court Hears Actor Vijay Babu's Anticipatory Bail Pleas In Rape Case In-Camera