Kerala High Court Annual Digest 2023: Criminal Law

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption CaseCase Title: T. A. Abdul Sathar v. The State of Kerala and Ors.Citation: 2023 LiveLaw(Ker) 3The Kerala High Court observed that a finding on the veracity of the material in a case where the allegations levelled by the prosecution disclose a cognizable offence, is not a consideration for the High Court while exercising its power under Section 482 CrPC to quash a criminal proceeding.Justice K. Babu observed that "it is trite that the power of quashing criminal proceedings should be exercised with circumspection and that too, in the rarest of rare cases and it was not justified for this Court in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the Final report or the complaint. A finding on the veracity of a material relied on by the prosecution in a case where the allegations levelled by the prosecution disclose a cognizable offence, is not a consideration for the High Court while exercising its power under Section 482 Cr.P.C."Human Sacrifice Case | Kerala High Court Dismisses Laila Bhagawal Singh's Bail PleaCase Title: Laila Bhagaval Singh v. State of KeralaCitation: 2023 LiveLaw(Ker) 5The Kerala High Court dismissed the bail application moved by Laila Bhagawal Singh, one of the accused in the Human Sacrifice Case.Justice Bechu Kurian Thomas observed that,"the active involvement of the petitioner in the crime and in another crime is asserted by the prosecution and the materials collected, prima facie reveal her involvement in the present crime...Having regard to the circumstances of the case and also taking note of the prima facie involvement of the petitioner in the crime, I am of the view that this is not a fit case where the petitioner can be released on bail."Kerala High Court Grants Bail To Dimple Lamba Who Allegedly Facilitated Rape Of 19-Year-Old Model In KochiCase Title: Dimple Lamba @ Dolly v. State of KeralaCitation: 2023 LiveLaw (Ker) 15The Kerala High Court granted bail to Dimple Lamba alias Dolly, who allegedly facilitated the gang rape of a 19 year old model in a moving car in Ernakulam.Justice Bechu Kurian Thomas passed the above order."The victim had specifically stated, at the initial stage itself, that the petitioner had an active role in the crime committed. The sequence of events as pointed out by the learned Public Prosecutor also indicates prima facie, the possibility of an active role played by the petitioner. However, taking note of her young age, and the period of detention already undergone including the stage of investigation, I am of the view that no further purpose would be served by continuing the petitioner in detention. Moreover she is a woman falling within the beneficial provision of the first Proviso to Section 437 of Cr.P.C.", it was observed.'Consensual Relationship, Promise To Marry Was Not False': Kerala High Court Quashes Rape CaseCase Title: Emmanvel Peter v. State of Kerala & Anr.Citation: 2023 LiveLaw (Ker) 31The Kerala High Court quashed rape case against a 31-year-old man, observing that he and the complainant were in a consensual relationship and his promise to marry her was not with an intention to deceive her.Justice Kauser Edappagath reiterated that in an allegation of rape on false promise of marriage, the courts have to carefully examine whether the accused actually wanted to marry the victim or had malafide motives and had made a false promise to this effect.The Court took note of the Apex Court decisions in Deepak Gulati v. State of Haryana (2013) and Dhruvaram Murlidhar Sonar (Dr) v. State of Maharashtra (2019) and said it has been observed that if an accused had not made the promise with the sole intention to seduce the victim to indulge in sexual acts, such an act would not amount to rape and that if the accused had any mala fide intention or clandestine motives, it would be a clear case of rape.ISRO Espionage Case : Kerala High Court Allows Anticipatory Bail Applications Filed By RB Sreekumar & Other AccusedCase Title: P.S. Jayaprakash v. Central Bureau of Investigation and other connected mattersCitation: 2023 LiveLaw(Ker) 38The Kerala High Court allowed anticipatory bail applications of former Police and Intelligence Bureau officers, including former Gujarat ADGP RB Sreekumar and former Kerala DGP Siby Mathews, in the case relating to the alleged framing of former ISRO scientist Nambi Narayanan in the 1994 ISRO Espionage case.A bench of Justice K. Babu passed the order. The Court directed that the accused must appear before the CBI for interrogation on January 27 between 10 AM and 11 AM. In the event of their arrest, they shall be released on bail on executing bonds for Rs 1 lakhs each with two solvent sureties each for the like sum. They cannot leave India without the permission of jurisdictional court.'No Prima Facie Case Of Conspiracy Or Involvement Of Foreign...

Kerala High Court Annual Digest 2023: Criminal Law

Rubayya Tasneem

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