Kerala High Court Weekly Round-Up: July 3 To July 9, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 303 - 315]

Jibi James v. Union of India, 2023 LiveLaw (Ker) 303

Govindarajan @ Govind v. Vidya & Anr., 2023 LiveLaw (Ker) 304

Shamir T.J v. State of Kerala & Ors., 2023 LiveLaw (Ker) 305

Thushar Nirmal Sarathy v. State of Kerala, 2022 LiveLaw (Ker) 306

Cheriyathoda Cheriyakoya & Ors v. Cheriyathoda Kunni Kunni & Ors, 2022 LiveLaw (Ker) 307

V. Anilkumar & Ors. v. State of Kerala & Anr., 2023 LiveLaw (Ker) 308 

Justin T.J v. State of Kerala, 2022 LiveLaw (Ker) 309

Sheela Sunny v. State of Kerala & Anr., 2023 LiveLaw (Ker) 310 

Harikrishnan v. State of Kerala & Ors., 2022 Livelaw (Ker) 311

Suo Motu v. Yeshwanth Shenoy, 2023 LiveLaw (Ker) 312 

Jayaprakash P.P v. Sheeba Revi, 2022 LiveLaw (Ker) 313

Afeefa C.S & Anr v. Director General of Police & Ors, 2023 LiveLaw (Ker) 314

Joseph Thomas v. State of Kerala, 2023 LiveLaw (Ker) 315

Judgments/Orders This Week 

KAAPA | Unreasonable Delay By Detaining Authority In Seeking 'Additional Particulars' Vitiates Preventive Detention Order: Kerala High Court

Case Title: Ambika B. v. State of Kerala & Ors.

Citation: 2023 LiveLaw (Ker) 303

The Kerala High Court quashed the detention order of a person who had been detained under Section 3 of the Kerala Anti-social Activities (Prevention) Act, 2007 on the ground of unreasonable delay on the part of the detaining authority in seeking additional particulars from the sponsoring authority. The Division Bench comprising Justice P.B. Suresh Kumar and Justice C.S. Sudha on taking note of the factual circumstances of the case held that the time consumed by the detaining authority for seeking additional particulars in the case could not be said to be reasonable, thereby justifying the delay.

[S.125 CrPC] Amendment Of Pleadings Can Be Permitted By Family Court Even In Absence Of Amendment Provisions In CrPC: Kerala High Court

Case Title: Govindarajan @ Govind v. Vidya & Anr.

Citation: 2023 LiveLaw (Ker) 304

The Kerala High Court recently reiterated that an application for amendment can be permitted by a Family Court despite the absence of provisions for amendment in the Code of Criminal Procedure (Cr.P.C.). The Single Judge Bench of Justice V.G. Arun relied upon various precedents and proceeded to observe that technicalities would not have any place in maintenance cases under Section 125 of Cr.P.C.

S.482 CrPC Can Be Invoked To Secure Justice Despite Availability Of Revisional Remedy: Kerala High Court

Case Title: Shamir T.J v. State of Kerala & Ors.

Citation: 2023 LiveLaw (Ker) 305

The Kerala High Court has recently held that inherent powers under Section 482 CrPC can be invoked to secure justice and to prevent abuse of court process despite the availability of a revisional remedy under Section 397. Justice Ziyad Rahman A.A disagreed with the findings in Bayyarapu Suresh Babu v. State of Andra Pradesh & Ors (2021) and observed that the availability of a revisional remedy is not an absolute bar from the Court exercising its inherent powers on a matter. 

Kerala High Court Warns Prison Authorities Against Unnecessary Delay, Detention Of Lawyers Visiting Clients in Jail

Case Title: Thushar Nirmal Sarathy v. State of Kerala

Citation: 2022 LiveLaw (Ker) 306

The Kerala High Court recently highlighted the vital role of lawyers as officers of the court in criminal cases and observed that when lawyers visit their clients in prison, it is the duty of prison officials to respect their professional duties and avoid unnecessary delays or detentions. Justice P.V. Kunhikrishnan expressed shock after a lawyer who was forced to approach the Court to obtain the signature of his client convicted in a criminal case lodged at Central Prison. The Judge made it clear that any unwarranted obstacles faced by lawyers in meeting their clients in jail will be viewed seriously by the Court going forward.

Order XLIII CPC | Conditional Orders Allowing Restoration Of Suits And Imposing Penalties Are Appealable: Kerala High Court

Cheriyathoda Cheriyakoya & Ors v. Cheriyathoda Kunni Kunni & Ors

Citation: 2022 LiveLaw (Ker) 307

The Kerala High Court has held that an order allowing the restoration of a dismissed suit for non-prosecution or setting aside an ex-parte decree, when accompanied by a conditional order imposing a penalty or cost, is an appealable order under Order XLIII of the CPC. Justice P. Somarajan reasoned that non-compliance with the condition will effectively result in rejection of the restoration application and such order is thus, appealable.

Prima Facie False Implication Of Tribal Youth In Wildlife Offence: Kerala High Court Refuses Anticipatory Bail To Accused Forest Officers

Case Title: V. Anilkumar & Ors. v. State of Kerala & Anr.

Citation: 2023 LiveLaw (Ker) 308 

The Kerala High Court recently dismissed the appeal preferred by certain forest officers against the refusal of anticipatory bail in a case pertaining to false implication and torture of a tribal youth in connection with an alleged wildlife offence. Justice V.G. Arun passed the order on finding prima facie materials to attract the offence under Section 3(p) (Punishment for instituting false, malicious or vexatious suit or criminal or other legal proceedings against a member of SC/ST) of the SC/ST (Prevention of Atrocities) Act, 1989.

S.36A NDPS Act | Presence Of Accused Mandatory While Hearing Extension Application, Mere Notice Not Sufficient: Kerala High Court

Case Title: Justin T.J v. State of Kerala

Citation: 2022 LiveLaw (Ker) 309

The Kerala High Court recently held that the accused must be produced either physically or virtually while considering the application for extension of remand filed under Section 36A(4) of the NDPS Act and that neglect of the same goes beyond a simple procedural violation. Justice Raja Vijayaraghavan V pointed out that failure to do so would be equivalent to legally stripping the accused of their right to claim default bail.

Kerala High Court Quashes FIR Against Beauty Parlour Owner In Fake Drugs Case

Case Title: Sheela Sunny v. State of Kerala & Anr.

Citation: 2023 LiveLaw (Ker) 310 

The Kerala High Court quashed the FIR against Sheela Sunny, the owner of a beauty parlour in Chalakudy, who had been accused of possessing 0.106 grams of the drug LSD stamp. Sunny had sought the case to be quashed on the ground that the case was false and that the chemical analysis report was negative and no LSD had been detected in the stamp. Justice Kauser Edappagath passed the Order. 

KAAPA | Delay In Initiating Proceedings Doesn't Invalidate Restraint Order If Nexus To Anti-Social Activity Not Severed: Kerala High Court

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

Citation: 2022 Livelaw (Ker) 311

The Kerala High Court recently held that a delay in initiating proceedings under Section 15 of the Kerala Anti-Social Activities (Prevention) Act, 2007 does not always severe the live link between prejudicial activity and the initiation of legal action. A Division Bench of Justice P.B. Suresh Kumar and Justice C.S Sudha added that an accused engaging in yet another prejudicial activity shortly after receiving such an order bolsters the necessity of the order. 

Judges Can't Succumb To Wild Allegations Of Bias: Kerala High Court Rejects Plea By Advocate Facing Contempt For Recusal Of Justice Sophy Thomas

Case Title: Suo Motu v. Yeshwanth Shenoy

Citation: 2023 LiveLaw (Ker) 312 

The Kerala High Court recently rejected the application moved by Advocate Yeshwanth Shenoy, seeking recusal of Justice Sophy Thomas from hearing the suo motu contempt proceedings initiated against him for alleged misbehaviour in Court. The Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas rejected the application. 

'Intent To Foster Personal Interaction' Essential Ingredient Of Stalking, Mere Threat Or Abuse Doesn't Attract S.354D IPC: Kerala High Court

Case Title: Jayaprakash P.P v. Sheeba Revi

Citation: 2022 LiveLaw (Ker) 313

The Kerala High Court has recently held that a mere threat or abuse by a man towards a woman would not attract the offence of stalking under Section 354-D of IPC. Justice K. Babu added that to qualify as stalking, a man must have repeatedly followed a woman and made contact or attempted to contact her, despite clear indications of disinterest from the woman, particularly demonstrating sexual interest or lewd behaviour by the man.

Kerala High Court Grants Interim Police Protection To Lesbian Couple Amid Alleged Threats From Family

Case Title: Afeefa C.S & Anr v. Director General of Police & Ors.

Citation: 2023 LiveLaw (Ker) 314

The Kerala High Court on Wednesday passed an interim order granting police protection to a lesbian couple who alleged that they were being targeted by their parents and henchmen. This comes less than a month after a Division Bench closed a habeas corpus petition filed by one of the women (Sumayya) seeking the release of her lesbian partner Afeefa from the custody of her family. While directing the police to provide the couple with adequate protection, Justice P.V. Kunhikrishnan also issued notice to the concerned authorities of the State police and to Afeefa's parents.

Jurisdictional Court Cannot Deny Accused's Right To Surrender If Permitted By CrPC: Kerala High Court

Case Title: Joseph Thomas v. State of Kerala

Citation: 2023 LiveLaw (Ker) 315

The Kerala High Court recently held that a Magistrate cannot conclude that the accused was not in the custody of the Court when he voluntarily surrenders to its jurisdiction; it should take such accused in custody and deal with him as per law. Justice K. Babu added that when CrPC permits an accused to surrender before the Court having jurisdiction over the subject matter, the jurisdictional court cannot refuse permission. 

Other Significant Developments This Week 

Take Steps To Appoint Veterinary Doctors To Attend Animals Within 3 Weeks: Kerala High Court Directs Lakshadweep Admin In Contempt Case

Case Title: Dr. C.P. Abdul Kabeer v. Shashank Mani Tripathi IAS & Ors.

The Kerala High Court has directed the Lakshadweep Administration to immediately take steps for appointing veterinary doctors to attend to the health care of animals, and birds, within three weeks. The Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas directed such doctors to be appointed on contract or permanently. It further directed the Secretary of the Department of Fisheries, Agriculture and Animal Husbandry of Lakshadweep, Shashank Mani Tripathi, to appear before it in person if no action is taken within the stipulated time. 

Life Mission Case: ED Challenges Maintainability Of Sivasankar's Plea In Kerala High Court Seeking Interim Bail On Medical Grounds

Case Title: M. Sivasankar v. Directorate of Enforcement & Anr.

The Kerala High Court directed that the plea filed by M. Sivasankar, former Principal Secretary to the Chief Minister of Kerala and accused in the Life Mission case, seeking interim bail on the grounds of ill-health be posted before the roster Bench. Justice Kauser Edappagat passed the Order on the submission made by the DSG appearing on behalf of the Enforcement Directorate (ED) that the present application was not maintainable.  Sivasankar is in custody in connection with the Life Mission money laundering case, since his arrest by the Enforcement Directorate on February 14. On February 24, 2023, Sivasankar was remanded to judicial custody until March 8, 2023. Subsequently, the remand was extended and Sivasankar has been continuing under judicial custody.

Qatar Airways Asked To Compensate Kerala High Court Judge For Denying Boarding Despite Having Pass

Case Title: Bechu Kurian Thomas v. Qatar Airways & Anr. 

The District Consumer Disputes Redressal Commission at Ernakulam on Monday directed Qatar Airways to pay an amount of Rs. 7,50,000/- to Justice Bechu Kurian Thomas, Judge of the Kerala High Court, for precluding him from boarding the flight despite having the necessary boarding passes, due to overbooking. The Commission comprising the President D.B. Binu and Members V. Ramachandran and Sreevidhia T.N. passed the Order on Justice Thomas' complaint alleging deficiency of service on the part of the airline company in the year 2018. 

Kerala High Court Issues Notice To Actor Vinayakan In Plea Seeking Action For Allegedly Abusing Co-Passenger While Boarding Indigo Flight

Case Title: Jibi James v. Union of India

The Kerala High Court issued notice to Malayalam film actor Vinayakan in the plea seeking action to be taken by Indigo Airlines against the actor for allegedly abusing a co-passenger while boarding the flight. Justice P.V. Kunhikrishnan today allowed the application by the petitioner impleading the Actor as an additional respondent in the matter, and issued him notice before admission. It also directed the Deputy Solicitor General of India to get instructions. 

Supreme Court Collegium Recommends Appointment Of Gujarat HC Justice Ashish J Desai As Kerala High Court CJ

The Supreme Court has recommended the appointment of Justice Ashish J Desai, a judge at the Gujarat High Court as the Chief Justice of Kerala High Court. The current Chief Justice of Kerala High Court is Justice S Venkatanarayana Bhatti. The recommendation was made to fill the vacancy in the office of the Chief Justice of the Kerala High Court that would arise consequent to the recent recommendation by the Collegium to elevate Justice Bhatti to the Supreme Court. 

Kerala High Court Stays Orders For Collecting Blood Samples Of Children Of Rape Victims For DNA Testing

Case Title: Suo Motu v. State of Kerala

The Kerala High Court has stayed various lower court orders directing the collection of blood samples of children of rape and Protection of Children from Sexual Offences Act (POCSO) survivors for DNA testing. Justice K. Babu passed the Order staying the implementation of six lower court orders of Mancheri Fast Track Sessions Court, Kattapana POCSO Special Court, Ramankari Judicial First Class Magistrate Court, Kollam Additional Sessions Court I, Devikulam POCSO Special Court, and Palakkad Sessions Court. 

Kerala High Court Stays GO For Constitution Of 'Students Grievance Redressal Cells' In Colleges For 1 Month

Case Title: The Council of Principals of Colleges in Kerala & Anr. v. State of Kerala & Ors. 

The Kerala High Court stayed the Government Order (G.O.) directing the Principals of all colleges to constitute a 'Students' Grievance Redressal Cell' in their institutions, for a period of one month. The said G.O. also mandated the formation of a University Appellate Forum/Tribunal in Universities to act as the appellate authority to the orders of the Student Grievance Redressal Cell.

In A First, Kerala High Court Set To Introduce Machine Scrutiny Of Bail Applications

In an unprecedented measure, the Kerala High Court is set to introduce a module for Machine Scrutiny of Bail Applications. This novel feature, which is the first of its kind in the country, and which has been developed by the High Court's technical team, shall provide for automated scrutiny of Bail Applications. It will be operational from July 10, 2023. 

Brahmapuram Fire: Kerala Govt Suggests High Court To Constitute Special Bench To Consider Issues Under Solid Waste Management Rules

Case Title: Suo Motu v. State of Kerala 

The Kerala government suggested the High Court constitute a Special Bench for consideration of the Brahmapuram fire incident and other matters relating to Solid Waste Management Rules, 2016 while the Court was considering the suo motu proceedings initiated by it in the wake of a fire at the Brahmapuram Solid Waste Management Plant in March 2023. The Division Bench comprising Chief Justice S.V.N. Bhatti and Justice Basant Balaji thereby directed the Registrar (Judicial) to take orders on the administrative side for constituting such a Special Bench, upon the submission made by the Advocate General. 

Kerala High Court Publishes More Than 300 Judgments Translated To Malayalam

The Kerala High Court has translated more than 317 of its judgments in Malayalam and published the same on its website. The Court has been able to achieve this milestone under the guidance of Justice A. Muhamed Mustaque, Chairman of the Committee in charge of Computerization, and Justice Raja Vijayaraghavan V and Dr. Justice Kauser Edappagath, members of the Artificial Intelligence Assisted Legal Translation Advisory Committee. 

Kerala: More Than 5000 Judgments Of District Judiciary Translated To Malayalam

The Kerala High Court has translated more than 5000 judgments of the District Judiciary into Malayalam language. Presently, around 5186 judgements have been translated from English to Malayalam and are made available on the official websites of District Courts. It has proposed to translate and publish in Malayalam at least five judgments from each Court in the District judiciary.

Kerala High Court Stays Criminal Proceedings Against Disabled Couple Accused Of Encroaching Neighbour's Property, Damaging Compound Wall

Case Title: Anjitha C.P. & Ors. v. State of Kerala & Anr.

The Kerala High Court stayed the criminal proceedings initiated against a differently abled couple and their senior citizen father, who had been alleged to have encroached upon the property of their neighbour and caused damage to the compound wall on the property. Justice Raja Vijayaraghavan V. stayed the proceedings against the accused petitioners for a period of one month.