Kerala High Court Weekly Round-Up: July 24 - July 30

Nominal Index [Citations: 2023 LiveLaw (Ker) 349-360]Sumesh v. State of Kerala & Anr 2023 LiveLaw (Ker) 349Sebastian Joseph v. State of Kerala & Anr. and Prasad V.V. v. State of Kerala & Anr. 2023 LiveLaw (Ker) 350Enose v. State of Kerala 2023 LiveLaw (Ker) 351Kochu Mani & Anr v. State of Kerala 2023 LiveLaw (Ker) 352Kallantavide Ramesan v State of Kerala 2023 LiveLaw (Ker) 353Safir P. v. Commissioner of Customs (Preventive) 2023 LiveLaw (Ker) 354Aster Medcity & Ors. v. State of Kerala & Ors. and other connected matters 2023 LiveLaw (Ker) 355Bipin Sunny v. State of Kerala & Ors. 2023 LiveLaw (Ker) 356M/S Mariyas Soaps and Chemicals & Anr. v. M/S Wipro Enterprises Ltd. & Anr. 2023 LiveLaw (Ker) 357Sinoj Thomas v. Balal Grama Pachayat & Anr. 2023 LiveLaw (Ker) 358State of Kerala v. V.C Vinod and connected matters 2023 LiveLaw (Ker) 359Raju v. State of Kerala 2023 LiveLaw (Ker) 360Judgments/Orders This Week Magistrate Can Proceed With Trial If Final Report Finds Only Non-Cognizable Offence After Investigation: Kerala High CourtCase Title: Sumesh v. State of Kerala & Anr Citation: 2023 LiveLaw (Ker) 349The Kerala High Court recently held that if a Magistrate forwards a complaint involving both cognizable and non-cognizable offences to the police, and the police investigation reveals only a non-cognizable offence, the Magistrate is legally authorised to proceed with the trial for that offence.Justice A. Badharudeen reiterated that if a case involves both cognizable and non-cognizable offences, the police can investigate and file a charge sheet for all the offences as per Section 155(4) of CrPC."...if the facts reported to the police disclose both cognizable and non-cognizable offences, the police would be acting within the scope of its authority in investigating both the offences as the legal fiction enacted in sub-section (4) [of Section 155] provides that even a noncognizable case shall, in that situation, be treated as cognizable." "Since the law is settled in the facts of the given case, though the Magistrate forwarded a complaint involving offences cognizable and non-cognizable in nature to the police and the police files a report finding that non-cognizable offence was committed, the Magistrate is legally empowered to proceed with the trial."Tanur Boat Accident: Kerala High Court Grants Bail To Chief Surveyor And Senior Port ConservatorCase Title: Sebastian Joseph v. State of Kerala & Anr. and Prasad V.V. v. State of Kerala & Anr. Citation: 2023 LiveLaw (Ker) 350The Kerala High Court granted bail to Chief Surveyor of the Kerala Maritime Board, Sebastian Joseph, and the Senior Port Conservator, Baypore, Prasad V.V., who had been arrested in connection with the tragic Tanur boat accident that claimed 22 lives, including 15 children in Malappuram district. Justice Ziyad Rahman A.A. passed the order on noting that substantial progress had been made in the investigation and further incarceration of the petitioners was not required.The petitioners had been arrested on June 11, 2023, and have been in judicial custody ever since. "...now the petitioners have been in judicial custody since 11.6.2023, and as on the date, more than 40 days have elapsed since the date of their arrest. Even though the learned ADGP highlighted that there are high chances of the evidence being tampered with and the witnesses being influenced, if the petitioners are released on bail, I do not find any justifiable reason to accept the contention. It is reported that, both the petitioners are already under suspension, and therefore, I do not find any possibility of them tampering with the evidence. Moreover, it is evident from the report of the investigating officer that the records kept in the office of the petitioners in connection with the incident were already seized," the Court observed while allowing the bail applications.Ingredients Of 'Criminal Breach Of Trust' & 'Misappropriation' Must To Establish Offence U/S 13(1)(c) Prevention Of Corruption Act: Kerala High CourtCase Title: Enose v. State of Kerala Citation: 2023 LiveLaw (Ker) 351The Kerala High Court recently upheld the conviction of a Lower Division Clerk (L.D. Clerk) working on deputation in the Directorate of Higher Secondary Education, Thiruvananthapuram, under the Prevention of Corruption Act, 1988, for embezzlement of certain amount and forgery of document in that regard. Justice Kauser Edappagath observed that an amount of ₹74,789/- that had been entrusted with the appellant-accused was misappropriated by him."To attract the offence of criminal breach of trust, the prosecution has to prove that there was entrustment of property with the accused and he has dishonestly misappropriated the same for his personal use. Once the entrustment is established by the prosecution, the burden shifts to the accused to account for the property entrusted. It is settled that if the entrustment is proved and the explanation given by the accused is not satisfactory, then it can be...

Kerala High Court Weekly Round-Up: July 24 - July 30

Navya Benny

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