'How Did He Die?' Kerala High Court Refuses To Stay Exhumation Of Gopan Swami's Body From 'Samadhi' Site

The Kerala High Court today (January 15) refused to stay exhumation of Gopan Swami's body, a retired headload worker who as per his family (wife and children) reached the pinnacle of spirituality and attained 'Samadhi' on January 09, 2025. Unconvinced by the family's claim that there was no suspicious circumstance surrounding Gopan's death, Justice C S Dias orally enquired how the man died...

Kerala High Court Annual Digest 2024: Part III

Nominal Index [Citations 2024 LiveLaw (Ker) 551-828]Fact United Employees Liberation V The Fertilisers And Chemicals Travancore Limited, 2024 Live Law (Ker) 551Chirakkal Sankaran Nair v Ponguzhi Parambath Sreedharan Nair, 2024 Live Law (Ker) 552Suneera T v State of Kerala , 2024 LiveLaw (Ker) 553Biju P Vidya @Monai v State of Kerala, 2024 LiveLaw (Ker) 554Chandra Babu @ Babu v State of...

Cases Involving Serious Allegations Of Sexual Assault Cannot Be Quashed Even At Victim's Instance: Kerala High Court

The Kerala High Court recently (on January 06) held that criminal proceedings in cases involving serious allegations of sexual assault cannot be quashed, even at the instance of a victim.The Bench of Justice A. Badharudeen thus dismissed the petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, by the victim/ complainant, seeking quashing of proceedings against the...

Kerala High Court Declines Pre-Arrest Bail To Actor-Comedian KR Jayachandran In POCSO Case

The Kerala High Court on Tuesday (January 14) dismissed the pre arrest bail application filed by Malayalam actor and comedian K R Jayachandran for allegedly committing penetrative sexual assault on a four year old minor.He is alleged to have committed offences punishable under Sections 376(2)(n) and 376AB of IPC and under Sections 5(l), 5(m), 5(n) and 5(p) read with Section 6 of POCSO Act. It...

Accused In Question Paper Leaking Case Approaches Kerala HC Seeking Bail, Alleges Professional Rivalry By Other Educational Institutions

Shuhaib who was alleged to have leaked Class 10 Question Papers through his YouTube channel M S Solutions has approached Kerala High Court seeking anticipatory bail. He contends that he had only predicted probable questions based on the previous question papers.The bail plea will be considered by Justice P. V. Kunhikrishnan.A case is registered against the petitioner by the Crime...

Kerala High Court Pulls Up Boby Chemmannur For Staying In Jail Despite Grant Of Bail

The Kerala High Court has warned Boby Chemmanur of cancellation of bail granted to him in the sexual harassment case filed by a Malayalam Movie actress.Justice P. V. Kunhikrishnan orally stated that even though the release order was issued by 4.45 PM yesterday, the release order was not produced for his release. The Court noted that Boby Chemmanur was trying to garner media attention by...

Complainant Lodging Multiple FIRs Against Accused On Same Facts Violates Fundamental Rights Under Articles 21, 22: Kerala High Court

The Kerala High Court has reiterated that registration of multiple first information reports by same person against the same accused on same set of allegations would result in abuse of process of law and violates fundamental rights under Articles 21 and 22 of the Indian Constitution.Justice A. Badharudeen observed that multiple FIR's would result in multiple proceedings against the same...

Body Shaming Not Acceptable In Society : Kerala High Court

The Kerala High Court has condemnded body shaming, saying that it's not acceptable in the society.Justice PV Kunhikrishnan made these comments in the order granting bail to businessman Boby Chemmanur in a case for making sexually coloured remarks against an actor.The Court observed :“Before concluding, I am forced to say that body shaming is not acceptable in our society. Comments about...

Kerala HC Directs State To Provide Reservations To Transgender Persons In Educational Institutions And Public Employment Within 6 Months

The Kerala High Court has directed the State Government to provide reservations to transgender persons within six months in educational institutions and for public employment.In its order dated 28 November 2024, which was made available on the HC website only today, a division bench of Justices A.Muhamed Mustaque and P. Krishna Kumar said that in light of the Supreme Court's decision in...

Kerala HC Grants Bail To Businessman Boby Chemmanur in Sexual Harassment Case, Says Bail Will Be Cancelled If Similar Offence Is Committed

The Kerala High Court on Tuesday (14th January) granted bail to Boby Chemmanur in the sexual harassment case filed by a Malayalam Movie actress. The Court followed the Supreme Court judgment in Arnesh Kumar v State of Bihar (2013) which said that bail shall be granted if the maximum sentence for the offence is less than 7 year. The Court had said that the petitioner shall not commit an offence...

Even If Tenant Acquires Share In Leasehold Property, Co-Owners Can Maintain Eviction Proceedings As Lease Continues: Kerala HC Reaffirms

The Kerala High Court, while deciding eviction proceedings, reiterated that even when the tenant acquires a share of the leasehold property, the other co-owners can maintain an action against him since the lease continues to exist. In such cases, the consent of such a tenant, having a fractional interest in the property, is immaterial.The Bench of Justices A.Muhamed Mustaque and P. Krishna...

'Can't Say There Was No Double Meaning In Boby Chemmanur's Comments', Says Kerala High Court; Bail Order To Be Passed Today

The Kerala High Court on Tuesday(14th January) said that it will pass orders today on Boby Chemmanur's bail petition. The Public Prosecutor opposed the bail. He further submitted before the Court that bail if given, should be on strict conditions. Justice P. V. Kunhikrishnan said that he would record the personal undertaking of Boby's advocate that the petitioner would not make any...