Kerala High Court Weekly Round-Up: September 30 - October 6, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 606-616]Praveen Prakash v State of Kerala, 2024 LiveLaw (Ker) 606Vaisakh @ Hari v State of Kerala and Others, 2024 LiveLaw (Ker) 607XXX v State of Kerala & Connected Matter, 2024 LiveLaw (Ker) 608N. Bhasurangan v The Assistant Director & Akhiljith J. B. v The Assistant Director, 2024 LiveLaw (Ker) 609E. Sreedharan v State of Kerala and Others, 2024 LiveLaw (Ker) 610Naveed Raza v State of Kerala and Another, 2024 LiveLaw (Ker) 611Vineesh v Raji Radhakrishnan, 2024 LiveLaw (Ker) 612Anil v State of Kerala, 2024 LiveLaw (Ker) 613The West Chalakudy Service Co-Operative Bank Ltd V The Special Sale Officer, 2024 LiveLaw (Ker) 614C R Sudhan v State of Kerala, 2024 LiveLaw (Ker) 615HLL Biotech Limited versus The Commissioner of Income Tax, 2024 Live Law (Ker) 616Judgments/Orders This WeekMere Messages Or Chats With Minor Without 'Sexual Intent' Not Sexual Harassment U/S 11 POCSO Act: Kerala High CourtCase Title: Praveen Prakash v State of KeralaCitation: 2024 LiveLaw (Ker) 606The Kerala High Court has quashed criminal proceedings instituted against a 24-year-old man, accused of sending messages and making calls to a 17-year-old girl, causing her disturbance. The crime was registered against the petitioner under Section 354D (stalking) of the IPC, Section 11(iv) (sexual harassment) and Section 12 (punishment for sexual harassment) of the POCSO Act. Justice A. Badharudeen stated that there is no evidence against the petitioner to prove that he constantly sent messages or chats to the minor with 'sexual intent' to attract an offence of sexual harassment under the POCSO Act.Kerala High Court Suggests Use Of Advance Technologies To Reduce Stress Of Judges Writing Down Witness Depositions In Trial CourtsCase Title: Vaisakh @ Hari v State of Kerala and OthersCitation: 2024 LiveLaw (Ker) 607While hearing a plea seeking legible copies of witness depositions in the trial court, Kerala High Court suggested to its Registry to explore the possibility of equipping trial courts in the State with advanced technologies changing archaic practices, adding that the practice of trial court judges "writing down" depositions is stressful.A single judge bench of Justice Bechu Kurian Thomas in its order observed:"In this context, this Court is compelled to observe that with the advent of modern technology, including artificial intelligence, it is high time that the trial courts are equipped with sufficient infrastructure to take down the deposition of witnesses by resorting to the latest technology. Though writing depositions in own handwriting may enable the court in its analytical process, the benefits of using modern technology will far outweigh such limited advantages. The laborious and time-consuming process of Judges writing down witness depositions is indeed archaic and even stressful. The plight of the judicial officers indulging in writing down long depositions, cannot be ignored, especially when advanced technologies are available".Law Doesn't Give Exception From DNA Profiling On Ground That Accused And Victim Are Siblings: Kerala High CourtCase Title: XXX v State of Kerala & Connected MatterCitation: 2024 LiveLaw (Ker) 608The Kerala High Court has stated that neither the CrPC nor the Bharatiya Nagarik Suraksha Sanhita (BNSS) gives exception from DNA profiling on the ground that the accused and victims are siblings.The accused and victim here are siblings, and the accused is alleged to have committed offences punishable under Sections 376, 376(3) (punishment for rape) of the IPC, Section 5j(ii) (aggravated penetrative sexual assault) and Section 6(1) (punishment for aggravated penetrative sexual assault) of the POCSO Act.Justice A. Badharudeen dismissed the criminal miscellaneous cases filed by the accused and the victim challenging the seizure of blood samples collected for DNA profiling.Kerala High Court Denies Bail To Ousted CPI Leader, Son In Alleged Money Laundering Case Linked To Kandala BankCase Title: N. Bhasurangan v The Assistant Director & Akhiljith J. B. v The Assistant DirectorCitation: 2024 LiveLaw (Ker) 609The Kerala High Court denied bail to former CPI leader N. Bhasurangan and his son in an alleged money laundering case, accused of allegedly indulging in several financial irregularities in the management of the Kandala Service Co-operative Bank.A single judge bench of Justice C. S. Dias after considering the strict conditions imposed under Section 45 of the Prevention of Money Laundering Act (PMLA) to grant bail found that there is a prima facie case to deny bail to both of them."On a careful analysis of the facts and circumstances of the cases, the incriminating materials placed on record against the petitioners, the law on the point, and on considering that there are reasonable grounds to hold that the petitioners have committed the above offence and that they are likely to commit the offences if they are enlarged on bail, I am of the definite view that the...

Kerala High Court Weekly Round-Up: September 30 - October 6, 2024

Tellmy Jolly

Tags