Kerala High Court Weekly Round-Up: January 6 – 12, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 3- 15]Alex C. Joseph v State of Kerala and Others, 2025 LiveLaw (Ker) 3Manjusha K. v Central Bureau of Investigation and Others, 2025 LiveLaw (Ker) 4Sreekumar A. V. v State of Kerala and Another, 2025 LiveLaw (Ker) 5John Varghese v Laila Beegam A. R. and Others, 2025 LiveLaw (Ker) 6Snigdha Kumar v The Inspector of Police and Another, 2025 LiveLaw (Ker) 7Smt. Ambily Jose V. Sub Registrar And Another, 2025 LiveLaw (Ker) 8Dr. Shiny Antony Rauf V. State Of Kerala And Others, 2025 LiveLaw (Ker) 9R. RAMACHANDRAN NAIR v. STATE OF KERALA and Others, 2025 LiveLaw (Ker) 10GEORGE P.O v. State of Kerala and another, 2025 LiveLaw (Ker) 11Uvais Muhammad K.C. And Another V. State Of Kerala And Another, 2025 LiveLaw (Ker) 12Harish Kumar KP v Union of India, 2025 LiveLaw (Ker) 13MURALIDHARAN v. STATE OF KERALA, 2025 LiveLaw (Ker) 14The Arpookara Service Co-operative Bank Ltd v. T.M. George, 2025 LiveLaw (Ker) 15Judgments/ Orders This WeekCourts Can Permit Advocates To Conduct Cross-Examination Of Witnesses Present In Court Via Video Conferencing: Kerala High CourtCase Title: Alex C. Joseph v State of Kerala and OthersCitation: 2025 LiveLaw (Ker) 3While considering whether cross-examination of witnesses present in court can be done from a remote point, the Kerala High Court said that the courts can allow advocates to conduct cross-examination through video conferencing mode.Justice V. G. Arun said that courts need not deny such request just because it is not expressly allowed in Electronic Video Linkage Rules for Courts (Kerala), 2021. The Court however added that the permission need not be granted as a right but can be allowed if there are valid reasons.Accused Having Ties With Ruling Political Party Not Ground To Transfer Probe From State Agency To CBI: Kerala HC In ADM Naveen Babu's CaseCase Title: Manjusha K. v Central Bureau of Investigation and OthersCitation: 2025 LiveLaw (Ker) 4While refusing to order CBI probe into former Kannur ADM Naveen Babu's death, the Kerala High Court today observed that accused merely having ties with the ruling political dispensation is not ground to transfer investigation from the hands of the State investigation agency.However, Justice Kauser Edappagath observing that victim has the right to take part in the investigation of the crime (Jagjeet Singh and Others v Ashish Mishra @ Monu and Anr (2022)) and the right to be informed about the progress in the investigation within 90 days (Section 193(3) of BNSS), the Court asked the SIT to inform Babu's wife about the progress of investigation.Kerala HC Criticizes DC Books For Announcing Autobiography Of CPI(M)'s EP Jayarajan Without Consent, Grants Pre-Arrest Bail To Sr Dy EditorCase Title: Sreekumar A. V. v State of Kerala and AnotherCitation: 2025 LiveLaw (Ker) 5The Kerala High Court on Monday (6th January) expressed strong condemnation against DC Books, Kottayam for issuing a public notice regarding release of CPI(M) Central Committee Member and former LDF Convenor EP Jayarajan's alleged autobiography, without his consent.Justice P. V. Kunhikrishnan however "reluctantly" granted anticipatory bail to Sreekumar AV, the publication's Senior Deputy Editor, in view of the law laid down by the Supreme Court in Arnesh Kumar v State of Bihar and Another (2014).Officers On Leave Without Allowance Can Lose Chance Of Promotion Only During The Period Of Leave, Not Thereafter: Kerala High CourtCase Title: John Varghese v Laila Beegam A. R. and OthersCitation: 2025 LiveLaw (Ker) 6Kerala High Court has said that as per Rule 4 of Appendix XII A of Kerala Service Rules (KSR), officers who opt for Leave Without Allowance, can lose chances of promotion which may arise, only during the period of leave and not thereafter.The Division Bench comprising of Justice A. Muhamed Mustaque and Justice P. Krishna Kumar in its order said, "Rule 4 itself explicitly limits the consequences provided therein as to the chances of promotion only 'during the currency of the period of leave'. In other words, the said rule states only that the officers shall lose the promotion chances as may arise with reference to their seniority in the post from which they proceeded on leave, during the currency of the period of leave, and not thereafter".Complainant Is Entitled To Her Own Section 164 CrPC Statement To Prefer A Protest Petition: Kerala High CourtCase Title: Snigdha Kumar v The Inspector of Police and AnotherCitation: 2025 LiveLaw (Ker) 7The Kerala High Court has recently said that a complainant can seek her a copy of her own statement recorded under Section 164 CrPC in order to prefer a protest petition.After perusing the contents of the refer report, Justice C Jayachandran rejected the argument of the prosecution that the report is not final and that it can be investigated further on after collecting new evidence. It said: "It is true that in every case, further investigation can be conducted, if new evidence surfaces, as enabled by...

Kerala High Court Weekly Round-Up: January 6 – 12, 2025

Manju Elsa Isac

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