Kerala High Court Weekly Round-Up: June 24 - June 30, 2024

Citations: 2024 LiveLaw (Ker) 378 to 2024 LiveLaw (Ker) 396Nominal IndexAmal v State of Kerala, 2024 LiveLaw (Ker) 378Kishore Kumar J V Additional Chief Secretary & Connected Matter, 2024 LiveLaw (Ker) 379Sakeer v State of Kerala, 2024 LiveLaw (Ker) 380The Federal Bank Ltd. V Federal Bank Officer's Association, 2024 LiveLaw (Ker) 381Sharafudheen v State of Kerala & Connected Cases, 2024 LiveLaw (Ker) 382S v State of Kerala, 2024 LiveLaw (Ker) 383Smitha v Anil Kumar, 2024 LiveLaw (Ker) 384P. Ummer Koya v State of Kerala and Others, 2024 LiveLaw (Ker) 385Ashraf @ Asharaf Moulavi v Union of India, 2024 LiveLaw (Ker) 386State of Kerala v Ajayakumar V., 2024 LiveLaw (Ker) 387Jayasree v Indrapalan and Another, 2024 LiveLaw(Ker) 388Rajesh K. The District Geologist and Others, 2024 LiveLaw (Ker) 389:JTPAC v Maradu Municipality, 2024 LiveLaw (Ker) 390Reghunadan v State of Kerala, 2024 LiveLaw (Ker) 391Murali @Muralidharan V State Of Kerala , 2024 LiveLaw (Ker) 392P.B.Sourbhan v State of Kerala, 2024 LiveLaw (Ker) 393Hena Khatoon and Another v State of Kerala and Another, 2024 LiveLaw (Ker) 394Shalet v State of Kerala , 2024 LiveLaw (Ker) 395Hillwood Furniture Pvt. Ltd Versus The Assistant Commissioner, 2024 LiveLaw (Ker) 396Judgments/ Orders This WeekS.52A NDPS Act: Kerala High Court Grants Bail To Accused As Seizure Officer Mixed Alleged Contraband Found In Three Separate PacketsCase Title: Amal v State of KeralaCitation: 2024 LiveLaw (Ker) 378The Kerala High Court has granted bail to an accused booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of over 100 gms contraband, noting that the Investigating Officer had mixed the content found in three separate packets.Justice C. S. Dias cited Section 52A of the Act which requires the Investigating Officer to draw separate samples from "each of the packets", that too in the presence of the jurisdictional Magistrate and then, send the representative samples from each packet for chemical analysis.The bench said that an infraction of the statutory provision by the Investigating Officer had prejudiced the accused and therefore, the rigour on grant of bail under Section 37 of the NDPS Act stands diluted.Delinquent Public Servant Has Right To Be Tried Within Reasonable Time, State Can't Initiate Disciplinary Action After Unexplained Delay: Kerala HCCase Title: Kishore Kumar J V Additional Chief Secretary & Connected MatterCitation: 2024 LiveLaw (Ker) 379The Kerala High Court has made it clear that there is no fair process of enquiry if unexplained delay has occurred in initiating disciplinary proceedings against a delinquent employee, since it causes him significant prejudice.The Court further stated that the Constitution guarantees the right to a fair trial, which should be ensured not only in criminal cases but also in all cases where procedures are required to indict an individual.In the facts of the case, a charge memo was filed against an officer in 2022, alleging dereliction of duty in the investigation of a crime he had investigated in 2001, during which he wrongfully arrested innocent persons.False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of RapeCase Title: Sakeer v State of KeralaCitation: 2024 LiveLaw (Ker) 380The Kerala High Court has held that in exceptional cases, the High Court by invoking its inherent powers under Section 482 of CrPC can even quash even criminal proceedings alleging the commission of an offence of rape under Section 376 of the Indian Penal Code.Justice A. Badharudeen quashed the proceedings against the petitioner pending before the Special Court for the Trial of Cases Relating to Atrocities and Sexual Violence Against Women and Children (POCSO).In the present case, the Court found that there were financial dealings between the petitioner and the de facto complainant. It also observed that a case was filed against the de facto complainant by the wife of the accused. The Court thus stated that criminal proceedings could be quashed when prosecution materials do not attract the offence alleged to be committed.No Fundamental Right To Protest Anywhere The Agitator Pleases: Kerala High CourtCase Title: The Federal Bank Ltd. V Federal Bank Officer's AssociationCitation: 2024 LiveLaw (Ker) 381The Bank filed a suit before the Munisff for a permanent prohibitory injunction restraining it's employee union, its members and supporters from obstructing the bank officials and customers from dealing with the bank.The Single bench of Justice Kauser Edappagath held that the right under Article 19 is not absolute and it must be exercised in a way as not to interfere with the right of the employer to carry on their lawful business. Court said freedom of speech and expression cannot interfere with the right of someone else to enjoy property or carry on business.Guardian Of Minor Driving Vehicle Without Licence Can Be Prosecuted U/S 199A MV Act Even Before Determining...

Kerala High Court Weekly Round-Up: June 24 - June 30, 2024

Manju Elsa Isac

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