Kerala High Court Weekly Round-Up: November 21 To November 27, 2022

Nominal Index [Citation: 2022 LiveLaw (Ker) 603-617]Mani C Kappen v. Sunny Joseph & Ors. 2022 LiveLaw(Ker) 603Kuriachan Chacko & Ors v. State of Kerala & Ors. and Joy John & Anr v. State of Kerala & Ors. 2022 LiveLaw (Ker) 604Suo Motu v. Baiju Kottarakkara 2022 LiveLaw (Ker) 605Suhadath K.K. v. Shihab K.B. & Anr. 2022 LiveLaw (Ker) 606Aswin Krishna Prasad v. State of Kerala & Ors. 2022 LiveLaw (Ker) 607Devika K.D. v. State of Kerala & Ors. 2022 LiveLaw (Ker) 608M.K. Surendrababu v. Kodungalloor Town Co-Op Bank Ltd. & Ors. and other connected cases 2022 LiveLaw (Ker) 609Prasoon Sunny v. State of Kerala & Ors. 2022 LiveLaw (Ker) 610Union of India & Anr v. Pavithran K. & Anr and other connected cases 2022 LiveLaw (Ker) 611Hombale Films LLP v. The Mathrubhumi Printing and Publishing Co. Ltd. & Ors. 2022 LiveLaw (Ker) 612Sujith A. V. v. State of Kerala and Anr. 2022 LiveLaw(Ker) 613XXXXX v. State of Kerala 2022 LiveLaw(Ker) 614Tino Thankachan v. State of Kerala & Anr. 2022 LiveLaw (Ker) 615M.A. Hakkim v. M/S Patanjali Agro India Pvt. Ltd. and connected cases 2022 LiveLaw(Ker) 616Praicy Joseph v. Regional Transport Officer (Registration Authority), Ernakulam & Anr. 2022 LiveLaw (Ker) 617Orders/Judgments This Week Limitation Extension Orders Passed By SC During Covid-19 Apply To Petitions Moved Under Representation Of People Act: Kerala HCCase Title: Mani C Kappen v. Sunny Joseph & Ors. Citation: 2022 LiveLaw(Ker) 603The Kerala High Court has held that the petitions filed under the Representation of People Act, 1951 come within the ambit of orders passed by the Apex Court extending the period of limitation in the wake of the widespread COVID-19 pandemic. Justice C. Jayachandran observed:"The expression "all other proceedings" as employed in the original order dated 23.03.2020 and "any other laws which prescribed period(s) of limitation for instituting proceedings" as employed in orders dated 08.03.2022, 27.04.2021, 23.09.2021 and 10.01.2022 leaves no room for any doubt that the Supreme Court intends to extend the period of limitation/outer limit fixed under any enactment. This Court, therefore, finds little merit in the contention of the petitioner that the benefit of the orders extending limitation is not applicable to a proceeding under the Representation of the People Act, 1951".During Further Investigation, Police Can Include Relevant Materials That Are Subsequent To Filing Of Initial Final Report: Kerala High CourtCase Title: Kuriachan Chacko & Ors v. State of Kerala & Ors. and Joy John & Anr v. State of Kerala & Ors. Citation: 2022 LiveLaw (Ker) 604The Kerala High Court on Friday held that inclusion of events/ materials in the additional charge sheet, that are subsequent to filing of initial final report, is legally permissible. It added that as long as the evidence collected and the subsequent events point towards the commission of crime for which the report has been filed, the investigating agency would be justified in collecting such materials also and is in fact bound to forward it with the report.The Single Judge Bench of Justice Bechu Kurian Thomas was of the view that determining as to whether such materials are relevant or even admissible are to be agitated during the trial. "The right of the investigating agency to collect all evidence cannot be cribbed, cabined or crippled. The Investigating Officer has to unearth the real truth behind the alleged crime so as to serve the ends of justice. In the said process, if he chances upon or collects materials that are even subsequent to the filing of the initial final report, it cannot be stated as a legal proposition that those materials cannot be included in the further final report or that they are prohibited. Under section 173(8) Cr.P.C, the officer has the power to obtain further evidence, both oral and documentary. The term 'further evidence' cannot be interpreted restrictively as including only those that were prior in time to the initial final report. Such evidence, if collected and included in the further final report, will be a matter to be appreciated, as mentioned earlier, at the time of trial", the Court observed.Contempt Case: Kerala High Court Lets Off Baiju Kottarakkara With Warning After Unconditional ApologyCase Title: Suo Motu v. Baiju Kottarakkara Citation: 2022 LiveLaw (Ker) 605The Kerala High Court on Monday closed the suo motu criminal contempt proceedings against Malayalam film director Baiju Kottarakkara that had been initiated against him for making abusive remarks during a news channel discussion against a trial court judge, who is hearing the 2017 actor abduction and assault case. The division bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C. P. disposed of the case after Kottarakkara tendered an unconditional apology. "Taking note of the averments in the additional affidavit filed by the respondent before this Court, and having viewed the contents of the compact disc wherein the respondent has tendered...

Kerala High Court Weekly Round-Up: November 21 To November 27, 2022

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