BAIL APPL. NO. 235 OF 2024 This is a bail application under Section 438 CrPC filed by Sathyan C., the fifth accused in OR No.12/2023 of Kulathupuzha Forest Station, Kollam, arising from offences under the Wildlife Protection Act, 1972. The core of the prosecution case rests on a confession made by the first accused that the petitioner too participated in the alleged offences. The petitioner argues that the confession is inadmissible and that the entire accusation against him is predicated on an invalid statement. He relies on Luca Beltrami and Others v. State of Kerala (2020 (4) KHC 603), Prakashan v. State of Kerala (2023 (1) KHC 536), and Gopi v. State of Kerala (2024 KHC 18), contending that a confession recorded by a forest officer not empowered under Section 50(8) of the Wildlife Act is a nullity and cannot be relied upon. He also cites Article 20(3) of the Constitution and Section 25(3) of the Evidence Act to underscore the protective scope against compelled self-incrimination. The State’s Special Public Prosecutor opposed bail, and the investigation officer filed a bail objection report. The court scrutinizes Section 50 (8), (9) and (3A) of the Wildlife Act and relevant constitutional/evidence principles to conclude that confessions by officers below the specified rank are not admissible. Finding no other incriminating material, the court grants bail under stringent conditions, invoking Siddharam Mhetre’s doctrine on exceptional grounds for bail and Sushila Aggarwal guidance on permissible bail conditions. The order clarifies that its observations do not decide merits.
This is a Criminal Miscellaneous Case under Sec. 482 CrPC filed by seven accused challenging the order in CC No.329/2019 arising from Crime No.1139/2018 of Hosdurg Police Station. The petitioners contend that the dispute is private and has been settled; the victim has filed an affidavit indicating no objection to quashing the prosecution. The Public Prosecutor initially expressed reservations about quashing non‑compoundable offences, especially since the offences involve Sections 143, 147, 148, 323 and 324 read with 149 IPC. The Kerala High Court, after careful consideration of submissions from petitioners, the victim and the Public Prosecutor, relied on Supreme Court precedents to examine the scope of power under S.482 CrPC to quash in private–dispute settings. The court cites State of Madhya Pradesh v Laxmi Narayan and Others (2019 (5) SCC 688) and relies on Gian Singh and Narinder Singh to outline that quashing may be permissible where the dispute is private, the entire matter is settled, and the offences are non‑compoundable but private in nature, with no serious public interest affected. On these facts, the court finds the dispute private, accepts the settlement, and quashes all further proceedings in CC No.329/2019. The matter is disposed of accordingly, reflecting a balance between private settlement and limited public interest in non‑compoundable offences.
This High Court of Kerala, in a Suo Motu matter titled Travancore Devaswom Board – Sabarimala Special Commissioner Report, examines a misappropriation of funds at Sree Matha Accommodation Centre (Donor House No.7) during the Mandala-Makaravilakku season. The Special Commissioner’s report details how Sreekanth S.P., a caretaker for the Neyyattinkara group Devaswom, allegedly fabricated receipts to conceal additional pilgrim accommodations and misappropriated funds, including undisclosed Google Pay and Paytm transfers to an intermediary, Raja, who runs Sree Ayyappa Bhavan Hotel. The vigilance check at the Donor House No.7 revealed discrepancies: receipts showing higher sums for extra pilgrims than the original documents and multiple unaccounted receipts across rooms. The Board’s officers reported suspicions of ongoing malpractices and the matter was escalated to law enforcement with an FIR. The court references established law on Devaswom administration as trustee-like duties and the Board’s duty to monitor and protect pilgrim interests, including the parens patriae doctrine. The judgment culminates in a disposal of the SSCR with directions to remedial action, heightened inspections, and automation recommendations, to be reported back to the Court by January 2024, aiming to prevent future exploitation of pilgrims and receipt fabrication.
This is a 2024 bail application under Section 438 CrPC before the Kerala High Court by two accused, Shameer C.K. and Mahroof K, in Crime No.31/2024 of the Manjeri Police Station, Malappuram. The petitioners faced charges including IPC section 286 (use of explosives) and sections 4 and 5(a) of the Explosive Substances Act, arising from alleged illegal quarrying using explosives on 5 January 2024. The petitioners contend their innocence, maintain that they merely leased their property (along with other co-owners) to a third party, Danoop, and had no knowledge of or involvement with explosive substances; they assert no criminal antecedents and submit they are prepared to comply with any conditions and cooperate with the investigation. The Public Prosecutor opposes bail, arguing that lease documentation shows the petitioners’ connection to the property leased to Danoop, that explosives were seized from the property, and that custodial interrogation is necessary to recover further evidence and prevent witness tampering. The court cites binding precedents to emphasize that anticipatory bail is not bound by inflexible guidelines and must be decided on the facts of each case, with careful discretion under Section 438 CrPC. After considering gravity, role, and investigation stage, the judge concludes that exceptional grounds for anticipatory bail are absent and dismisses the bail application, while preserving a conditional pathway for future bail post-surrender.
This writ appeal (WA No. 181 of 2021) arises from WP(C) 16408/2019 challenging the Kerala High Court Single Judge’s order granting relief to employees under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 and the pension scheme. The appellants contend the matter is governed by the Supreme Court’s decision in Employees Provident Fund Organisation v. Sunil Kumar (2022) (6) KLT 234 (SC), which upheld the 2014 amendment to the pension scheme (G.S.R. 609(E)) and held that the amended scheme applies to exempted establishments; it also directed transfer of funds and anticipated option rights under para 11(3)/(11)(4) of the pension scheme. The respondents claim the post-amendment scheme is valid and that the Single Judge’s reliefs should be sustained within the statutory framework of the 1952 Act. The Supreme Court’s decision in Sunil Kumar is extracted and relied upon, including directions for extending the period to exercise options and for computing pensionable salary under the amended scheme. The judgment ultimately sets aside the learned Single Judge’s order, allowing the writ appeal and directing implementation of the Supreme Court’s directives with time-bound compliance, thereby harmonizing the Kerala case with theSunil Kumar decision and the RC Gupta view on pre-amendment provisos.
BAIL APPL. NO.520 OF 2024 This is a bail application under Section 439 CrPC by the third accused in Crime No.1182/2023 of Mannarkkad Police Station, Palakkad, alleging offences under Section 420 r/w 34 IPC. The petitioner Lijo Jacob John was arrested on 27.11.2023. The prosecution claims that between June and October 2022, the three accused induced the first informant to pay Rs.3,40,000 and to obtain a loan of Rs.8,60,000 with the aim of securing a paramedical course seat for the informant's children in Bangalore; the money was paid but seats were not provided and amounts were not refunded. The petitioner contends innocence and asserts false involvement; the investigation is pending and the final report has not been laid within 60 days, so bail under the proviso to Section 167(2) CrPC is sought. The Public Prosecutor opposes bail, citing ongoing investigation and the applicant’s antecedents in about 20 similar cases. The court considers the offense under 420 IPC with maximum punishment of seven years, the unfinished investigation, and the statutory bail entitlement. Citing Satender Kumar Antil and Azharudheen V. State of Kerala and M. Ravindran v. DRI, the court emphasizes the constitutional and statutory protections for the accused while balancing the investigation's needs. Ultimately, the court allows bail on furnishing a bond of Rs.1,00,000 with two sureties, subject to standard conditions and other safeguards.
BAIL APPL. NO. 80 OF 2024 This is an anticipatory bail application under Section 438 CrPC in Bail Appl. No. 80 of 2024 filed by the sole accused in Crime No. 1800/2023 of Hosdurg Police Station, Kasaragod. The prosecution alleges that the accused, after fixing a marriage with a minor girl aged 17, took the girl in his car at about 8:30 am on 28.06.2023 as she went to school and subjected her to sexual assault near Iqbal School, under the premise of marriage. The de facto complainant states the sexual molestation occurred on the promise of marriage, and that the accused later married another woman on 21.12.2023. The complaint was lodged on 27.12.2023, and annexures indicate a marriage function fixed for 02.07.2023, with a subsequent complaint before authorities in late December 2023. The defense contends innocence, claiming a bonafide belief that the victim was 18 and that, upon learning she was a minor, the accused did not proceed with the marriage and instead married another lady. It is argued that financial pressure from Noufal, husband of the minor’s elder sister, was used to extract money. The court underscored the need for a fair, effective investigation, noted timing concerns and holiday considerations, and ultimately allowed anticipatory bail with conditions including appearance for interrogation and medical tests, bond requirements, and protections against witness intimidation or interference with the victim.
W.P.(C) Nos. 29569 of 2021 & 2945 of 2022 The Kerala High Court heard two writ petitions, WP(C) Nos. 29569 of 2021 and 2945 of 2022, challenging the Kannur City Road Improvement Project under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act) and related Kerala Rules. The petitioners, including owners and occupants at Puthiyatheru, allege violations in the social impact analysis (SIA), expert appraisal, and land-acquisition procedures. They attack Rule 18(1) of the RFCTLARR (Kerala) Rules, 2015, which limits objections to 15 days (as against the 60 days provided under Section 15 of the Act), and challenge Exhibits P4–P9 and P14, arguing the process failed to conform with the statutory framework, including proper representation on the Expert Group under Section 7 and a comprehensive, transparent SIA. They contend the by-pass developments will displace thousands of residents and affect hundreds of commercial establishments, with data flaws and omissions in the SIA and Expert Group reports. The respondents defend the process, claiming compliance with statutory provisions, including SIA conducted with Local Self Government input and ongoing notifications under Section 11. The Court partly allows the petitions, sets aside Ext. P14 orders and related actions insofar as they affect petitioners’ properties, and directs reconstitution of the Expert Group, a fresh SIA, and continuation of acquisition while urging a clear Section 15 hearing procedure and preserving a 60-day objection window.
Petitioner, K.G. Prasad, retired as Principal of PMSAMA Higher Secondary School, Chemmankadavu, Malappuram, approached this court seeking reimbursement of medical expenses incurred following a life-threatening heart attack in June 2019. On 12.06.2019 he collapsed, was treated at Government Taluk Hospital Malappuram, and subsequently admitted to Hearts Malabar Super Speciality Hospital, where emergency coronary angiography and percutaneous intervention (PCI) with stenting were performed on LCX and RCA; he was discharged on 01.07.2019. He submitted bills for reimbursement, but the 4th respondent refused on the ground that the hospital was non-empanelled and that ex-post facto sanction via Health and Family Welfare Department circulars cannot override the policy. The petitioner contended that, in emergencies, treatment cannot be refused on technical grounds and that the State has a constitutional duty to fund health care; reliance placed on Supreme Court authorities including Shiva Kant Jha v. Union of India and Mohinder Singh Chawla, Bandhua Mukti Morcha, Surjit Singh. The court examined the factual matrix, concluding that the non-empanelment cannot bar reimbursement where treatment is emergent and life-saving; with evidence of treatment (P2 discharge summary) and records certifying the procedures. Accordingly, the court set aside Ext. P5, held entitlement to medical reimbursement, and directed the State to reimburse within three months.
Crl.Appeal No. 832 of 2006 This criminal appeal is by two accused challenging their conviction under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in connection with CC No.30/2004 before the Special Court (NDPS Act) at Thodupuzha. The prosecution case, based on Ext. P1–P13 and MO.1–MO.14, is that on 2 July 2004 the two men were found at the bus stand with 5 1/2 kg of dried ganja each secreted in plastic covers strapped to their bodies. The contraband was seized and the accused arrested. The trial court, after hearing witnesses including PW1 the investigating officer, PW2 and PW3 independent witnesses, and PW5 the Tahsildar, convicted both accused under NDPS 20(b)(ii)(B) and sentenced them to three years’ rigorous imprisonment and a fine of ₹30,000 each, with a further term on default. The defence argued non‑compliance with Section 50(1) NDPS Act, urging that there was a joint communication and that the accused, being Tamil, did not understand Malayalam, and that there was unexplained delay in forwarding one sample for chemical analysis. They relied on Paramanand and Shihab to buttress these contentions. The High Court, however, reviews the evidence and finds that the detecting officer informed the accused of their rights, aided by PW5 and Ext. P7, and that there was no prejudice. It notes contemporaneous entries and testimonial support, rejects the defence contentions, and upholds the trial court’s verdict. Consequently, the appeal is dismissed and the conviction stands.
Haris, the first accused in SC 1010/2006 before the Additional Sessions Judge, Fast Track (Adhoc-II), Kozhikode, challenges a conviction under Section 306 IPC for abetment of suicide. Three accused faced trial; two were acquitted, while Haris was sentenced to three years’ rigorous imprisonment and a Rs 5,000 fine. The prosecution alleged prolonged dowry harassment and cruelty by the husband, mother-in-law, and sister-in-law, culminating in the wife’s self-immolation or attempt thereof. PWs 1 and 2 testified to torture and dowry demands; Exts. P14 (dying declaration) and P2/P4 (injury certificates) formed core evidence. The trial court accepted PWs 1–2 as credible and relied on Ext. P14 to convict under 306 IPC, discounting the dying declaration as false. The defense argued that the dying declaration was hearsay and that the medical opinions pointed to accidental burns caused by a stove, suggesting no incitement to suicide. It was contended that there was no corroboration of incitement and that the evidence did not establish mens rea. The Kerala High Court reviewed Mahendra K.C. v. State of Karnataka and Rajesh v. State of Haryana to interpret the ingredients of Section 306 IPC and the necessity of direct or indirect incitement with mens rea. On weighing the evidence, the court held that the prosecution failed to prove incitement beyond reasonable doubt and acquitted the appellant, setting aside the conviction and sentence.