Kerala High Court Weekly Round-Up: June 5 To June 11, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 250-263]Muhammed Rafi Kunnulpurayil v. Sub Inspector of Police & Anr., 2023 LiveLaw (Ker) 250Mukesh @ Nandu V State of Kerala, 2023 LiveLaw (Ker) 251XXX v. State of Kerala, 2023 LiveLaw (Ker) 252Sundaran V. State of Kerala, 2023 LiveLaw (Ker) 253Sanu & Anr. v. State of Kerala, 2023 LiveLaw (Ker) 254Navas V State of Kerala, 2023 LiveLaw (Ker) 255Arumughom Achari Ranganathan Achari & Ors v. Rajamma Sarojam & Ors., 2023 LiveLaw (Ker) 256K. Rajendra Prasad V State Of Kerala, 2023 LiveLaw (Ker) 257Satheesh Kumar R V Kerala State Sports Council & Another, 2023 LiveLaw (Ker) 258Yeshwanth Shenoy V The Chief Justice High Court of Kerala & Others, 2023 LiveLaw (Ker) 259Sabarinathan v. State of Kerala, 2023 LiveLaw (Ker) 260Kerala CBSE Schools Management Association & Ors. v. State of Kerala & Ors., Sarosh P. Abraham v. State of Kerala & Ors.2023 LiveLaw (Ker) 261Jithin P V State of Kerala, 2023 LiveLaw (Ker) 262Jeffin Jose T V The Central Board of Secondary Education, 2023 LiveLaw (2023) 263Judgments/Orders This WeekKerala High Court Elucidates Mode In Which Accused Must Request Court For Adducing Defence EvidenceCase Title: Muhammed Rafi Kunnulpurayil v. Sub Inspector of Police & Anr.Citation: 2023 LiveLaw (Ker) 250The Kerala High Court recently addressed the question as to the mode in which an accused ought to request the Court for adducing the defence evidence.Justice Bechu Kurian Thomas, perused Section 233 Cr.P.C. which stipulates 'Entering Upon Defense', and observed that as per the provision, if the accused applies for the issue of any process for compelling the presence of any witness or the production of any document or thing, the judge shall issue such process, unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice. It thus noted that the action of making a prayer or a request is the meaning to be ascribed to the word ‘applies’ as provided in Section 233 Cr.P.C.When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High CourtCase Title: Mukesh @ Nandu V State of KeralaCitation: 2023 LiveLaw (Ker) 251The Kerala High Court recently held that a person who was granted interim bail after executing the bail bond cannot rely on the interim bail order to submit that the main bail application has become infructuous. The Court held that as a consequence of the main application being dismissed as not pressed, the interim order granting bail to the petitioner would be vacated and the bail bond executed would cease to exist.A single bench of Justice A Badharudeen observed,“It is held that since the petition has been not pressed and dismissed and the interim bail granted stands vacated, the petitioner is relegated back to the date of filing of the anticipatory bail application and it is ordered that the petitioner is not on bail as of now and the police is at liberty to arrest the petitioner and proceed with the investigation in this matter, since the allegations are very serious.”Nudity Of Female Upper Body Shouldn't Be Regarded As Sexual Or Obscene By Default : Kerala High CourtCase Title: XXX v. State of KeralaCitation: 2023 LiveLaw (Ker) 252The depiction of a woman's naked body should not be regarded as sexual or obscene always, observed the Kerala High Court while discharging a mother from a criminal case pertaining to making a video of her children painting on her semi-nude body.Taking note of the woman's explanation that the video was made to challenge patriarchal notions and to spread a message against the over-sexualization of the female body, the High Court observed that the video cannot be regarded as obscene. She was chargesheeted for offences under under Sections 13, 14, and 15 of the Protection of Children from Sexual Offences Act, 2012 (POCSO), Section 67B (d) of the Information Technology Act, 2000 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act).Prosecution May Tender Relevant Document In Evidence Even After Submission Of Chargesheet, Veracity To Be Tested During Trial: Kerala High CourtCase Title: Sundaran V. State of KeralaCitation: 2023 LiveLaw (Ker) 253The Kerala High Court recently held that there is no embargo on prosecution producing a relevant document even after submission of the final report or charge sheet, with the court’s permission. The Court also held that genuineness and veracity of the documents produced at a later stage could be dealt with during the trial.A single bench of Justice Raja Vijayaraghavan V relied on the Apex Court decision in Central Bureau of Investigation v. R.S. Pai and another [2002 (5) SCC 82] to hold that if a mistake is made by the investigating officer by not producing some document of relevance at the time of submitting the report or the charge sheet, it is open to the investigating officer to produce it with ...

Kerala High Court Weekly Round-Up: June 5 To June 11, 2023

Sheryl Sebastian

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