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) 303Govindarajan @ Govind v. Vidya & Anr., 2023 LiveLaw (Ker) 304Shamir T.J v. State of Kerala & Ors., 2023 LiveLaw (Ker) 305Thushar Nirmal Sarathy v. State of Kerala, 2022 LiveLaw (Ker) 306Cheriyathoda Cheriyakoya & Ors v. Cheriyathoda Kunni Kunni & Ors, 2022 LiveLaw (Ker) 307V. Anilkumar & Ors. v. State of Kerala & Anr., 2023 LiveLaw (Ker) 308 Justin T.J v. State of Kerala, 2022 LiveLaw (Ker) 309Sheela Sunny v. State of Kerala & Anr., 2023 LiveLaw (Ker) 310 Harikrishnan v. State of Kerala & Ors., 2022 Livelaw (Ker) 311Suo Motu v. Yeshwanth Shenoy, 2023 LiveLaw (Ker) 312 Jayaprakash P.P v. Sheeba Revi, 2022 LiveLaw (Ker) 313Afeefa C.S & Anr v. Director General of Police & Ors, 2023 LiveLaw (Ker) 314Joseph Thomas v. State of Kerala, 2023 LiveLaw (Ker) 315Judgments/Orders This Week KAAPA | Unreasonable Delay By Detaining Authority In Seeking 'Additional Particulars' Vitiates Preventive Detention Order: Kerala High CourtCase Title: Ambika B. v. State of Kerala & Ors.Citation: 2023 LiveLaw (Ker) 303The 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 CourtCase Title: Shamir T.J v. State of Kerala & Ors. Citation: 2023 LiveLaw (Ker) 305The 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 JailCase Title: Thushar Nirmal Sarathy v. State of Kerala Citation: 2022 LiveLaw (Ker) 306The 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 CourtCheriyathoda Cheriyakoya & Ors v. Cheriyathoda Kunni Kunni & Ors Citation: 2022 LiveLaw (Ker) 307The 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 OfficersCase 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 ...

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

Hannah M Varghese

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