'Prima Facie' Committed The Offence: Kerala High Court Refuses To Discharge Public Servant Accused In Alleged ₹7 Crore Loan Fraud Case

While reiterating the legal threshold for discharge under CrPC, the Kerala High Court dismissed the plea of a public servant accused of conspiracy and cheating in respect of Rs 7 crore loan fraud case seeking discharge from offences alleged against him, observing that there a "prima facie" case was made out. Justice A Badharudeen, in his judgement affirmed the trial court's decision to...

Police Inaction Against Obstruction Of Lawful Business Violates Fundamental Right Under Article 19(1)(g): Kerala High Court

The Kerala High Court recently ordered police protection in a plea preferred by a quarry entrepreneur, who was prevented from conducting scientific study in order to start quarry operations.The petitioner had taken on lease certain land for conducting quarrying activities. After many legal impediments, the petitioner wanted to conduct a scientific study in the proposed quarry area and had...

Kerala High Court Grants Bail To Police Official Accused Of Demanding ₹2K Bribe

The Kerala High Court recently granted regular bail to a Senior Civil Police Officer who was accused under Section 7(a) of the Prevention of Corruption Act for allegedly accepting bribe.According to the prosecution, the accused police official demanded a bribe of Rs. 2000/- from the de facto complainant through mobile phone on two occasions in exchange for providing necessary documents related...

Kerala High Court Issues Detailed Guidelines On Videography At Sabarimala Following Incidents Of Unauthorised Recording

The Kerala High Court has expanded restrictions on videography and photography within the Sabarimala temple complex, directing the Travancore Devaswom Board (TDB) and police authorities to strictly enforce temple decorum and public safety.The order, issued by the Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S, comes in response to suo motu proceedings based on a...

S.326 IPC | Whether Stone Constitutes 'Dangerous Weapon' Depends On Its Nature, Size, Sharpness Or Potential To Cause Death: Kerala High Court

The Kerala High Court has held that a stone need not always be a 'dangerous weapon' for the purpose of attracting the offence under Section 326 of the Indian Penal Code (IPC).In the present case, the criminal revision petitioner was convicted of the offence for hitting the de facto complainant on his face with a stone and for causing fracture of the bone.For context, Section 326 IPC provides...

Is A Hindu Wife Entitled To Receive Maintenance From Immovable Property Of Husband? Kerala High Court Refers To Full Bench

The Kerala High Court has referred for consideration of the Full Bench the question of entitlement of a Hindu wife to receive maintenance from the immovable property of her husband.The Division Bench of Justice Satish Ninan and Justice P. Krishna Kumar framed the following questions for consideration by the Full Bench:"(a) Is a Hindu wife entitled to receive maintenance from the...

[DV Act] Victim's Sole Testimony Reliable For Conviction As Ill-Treatment Happens In Confines Of House: Kerala High Court Reiterates

While considering a cruelty case lodged against a husband and his kin, the Kerala High Court observed that sole evidence of a domestic violence victim is reliable for conviction in such cases as often ill-treatment and harassment happens within the confines of the house.The court however underscored that the testimony can be relied on as sole evidence for conviction provided it is convincing...

Kerala High Court Rejects Ex-MLA R Rajesh's Appeal Against Initiation Of Contempt Case Over FB Post Against Judge

The Kerala High Court on Monday (July 21) held that the appeal preferred by former MLA R. Rajesh against the criminal contempt proceedings initiated against him for making a 'stinking Facebook post' against a sitting judge, was not maintainable.The division bench of Justice Anil K. Narendran and Justice Muralee Krishna S. was hearing the question of maintainability of the appeal today.The...

Kerala High Court Denies Bail To Accused In Chinese Loan App Money Laundering Case

Kerala High Court recently dismissed the bail plea of Sayid Muhammed, the fifth accused in the alleged Chinese Loan application scam who has been booked for offences under Prevention of Money Laundering Act.Justice Bechu Kurian Thomas, dismissed the regular bail application stating that the investigation indicates the clear involvement of the petitioner as well as his active connection with...

Kerala High Court Weekly Round-Up: July 14 – 20, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 414 - 436]Jijin R. v. State of Kerala & Ors., 2025 LiveLaw (Ker) 414Badusha v State of Kerala, 2025 LiveLaw (Ker) 415The Chancellor, Kerala University of Digital Sciences Innovation and Technology v. State of Kerala, 2025 LiveLaw (Ker) 416The Changanaserry Rubber Marketing Co-Operative Society Ltd v. State of Kerala and Anr., 2025 LiveLaw...

Motorbike Constitutes 'Dangerous Weapon' U/S 324 IPC If Used To Cause Harm To Human Body: Kerala High Court

The Kerala High Court has held that a motorbike can qualify as a 'dangerous weapon' under Section 324 of the Indian Penal Code, if it is used intentionally to cause harm.Justice Kauser Edappagath delivered the judgment interpreting the provision which penalizes the offence of "voluntarily causing hurt by dangerous weapons or means".The petitioner had been found guilty under section 324 of IPC...

Kerala HC Clarifies : Judgment On Joint Family Abolition Act's Repugnancy With Hindu Succession Act Applies Only In Mitakshara Law Cases

The Kerala High Court recently passed an interim order correcting its judgment on succession under Hindu law, wherein it was held that Sections 3 and 4 of the Kerala Joint Hindu Family System (Abolition) Act 1975 are repugnant to Section 6 of the Hindu Succession (Amendment) Act, 2005.The Court observed that it mainly dealt with the case governed by Mitakshara Law while pronouncing the...