Kerala High Court Weekly Round-Up: March 6 To March 12, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 119-130]K.Sasi v. State of Kerala rep. by Chief Secretary to the Govt & Ors., 2023 LiveLaw (Ker) 119 Sunil N.S. v. State of Kerala, 2023 LiveLaw (Ker) 120Gopal C V Central Bureau of Investigation, 2023 LiveLaw (Ker) 121Jollyamma Joseph @ Jolly V State of Kerala, 2023 LiveLaw (Ker) 122Bijumon & Ors v. The New India Assurance Co.,2023 LiveLaw (Ker) 123XXXXXX V State of Kerala, 2023 LiveLaw (Ker) 124Asianet News v. The State Police Chief & Ors., 2023 LiveLaw (Ker) 125M/S. Beta Exim Logistics (P) Ltd. V M/S. Central Railside Warehouse Co., Ltd, 2023 LiveLaw (Ker) 126Vadekkevila Sasi V Cochin University Of Science & Technology and Others, 2023 LiveLaw (Ker) 127XXX v. State of Kerala, 2023 LiveLaw (Ker) 128Zehub Technopark Pvt. Ltd. v. Village Officer & Anr., 2023 LiveLaw (Ker) 129Adv. Antony Raju v. State of Kerala and Others, 2023 LiveLaw (Ker) 130Judgments/Order This Week[Prevention Of Corruption Act] Mere Typing Error In Designation Of Person Accused While Issuing Sanction Does Not Invalidate ItCase Title: K.Sasi v. State of Kerala rep. by Chief Secretary to the Govt & Ors.Citation: 2023 LiveLaw (Ker) 119The Kerala High Court held that merely because there is a typographical error in showing the designation of the person accused in the sanction order to prosecute such person under Section 19(1)(b) of the Prevention of Corruption Act (P.C. Act), it cannot be said that the sanction order is bad.Justice Kauser Edappagath passed the above order and observed,"For the simple reason that there is a typographical error in showing the designation of the petitioner, it cannot be said that the sanction issued is bad. The question whether the sanctioning authority has applied his mind or not, is something which cannot be agitated in a writ petition".Kerala High Court Refuses Bail To Pulsar Suni In 2017 Actor Assault CaseCase Title: Sunil N.S. v. State of KeralaCitation: 2023 LiveLaw (Ker) 120The Kerala High Court dismissed the bail application of Sunil N.S., also known as 'Pulsar Suni', the main accused in the 2017 Actor Assault Case.Justice P.V. Kunhikrishnan while dismissing the bail application, observed,"The prosecution case is very serious. The prosecution case is that, the victim was taken in a car and she was sexually harassed brutally by the petitioner/accused and others turning a deaf ear to her begging to release her. A conspiracy is also alleged. Whether the victim is a cine artist or not is not at all a factor. The prosecution case is that a lady was brutally attacked. The truth has to come out after the trial. Simply because the petitioner/accused is in jail for six years, it cannot be a ground to release him in such a serious case. The prosecution and the Court are taking every possible effort to conclude the trial as expeditiously as possible. The Apex Court is also supervising the trial and is granting time to the Trial Court to complete the trial. The Trial Court now says that the sessions case itself can be disposed of within six months. I believe that in such a situation this Court need not entertain this bail application. Whether the prosecution succeed in this case or the defence succeed in this case is not a criteria in these types of cases. When there is serious allegation against an accused affecting the conscience of the society, this Court cannot allow bail application solely on the ground of personal liberty".Witness Examination Through Virtual Mode Does Not Affect The Rights Of AccusedCase Title: Gopal C V Central Bureau of InvestigationCitation: 2023 LiveLaw (Ker) 121The Kerala High Court held that the examination of a witness during trial may be conducted through video linkage mode as per the provisions of the Electronic Video Linkage Rules for Courts (Kerala), 2021 and that the same would not affect the rights of the accused.A single bench of Justice A Badharudeen noted that under Rule 8(25) Electronic Video Linkage Rules for Courts (Kerala), 2021 witness examination via video conferencing is to be treated as compliance of the provisions of the Code of Criminal Procedure 1973, Code of Civil Procedure, 1908, Criminal Rules of Practice, Kerala and Civil Rules of Practice, Kerala. It is also applicable to any other law requiring personal appearance of parties in Subordinate Courts or Tribunals in relation to any enquiry, trial or any other proceedings, the court noted.[Koodathayi Murder] Kerala High Court Refuses To Interfere With Sessions Court Order Dismissing Discharge Petition Of Jolly JosephCase Title: Jollyamma Joseph @ Jolly V State of KeralaCitation: 2023 LiveLaw (Ker) 122The Kerala High Court on Monday refused to interfere with the trial court proceedings against Jolly Joseph in connection with the murder of her first husband, Roy Thomas. Jolly had filed a revision petition challenging the order of the sessions court which had dismissed her discharge petition.Jolly Joseph is the prime accused in the infamous Koodathayi murders and has been...

Kerala High Court Weekly Round-Up: March 6 To March 12, 2023

Sheryl Sebastian

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