Preventive Detention Curtails Fundamental Rights, KAAPA Detaining Authority Should've Considered Bail Cancellation Instead: Kerala High Court
2 years, 4 months ago

Preventive Detention Curtails Fundamental Rights, KAAPA Detaining Authority Should've Considered Bail Cancellation Instead: Kerala High Court

Live Law  

Quashing a preventive detention order under Kerala Anti-Social Activities Act, the High Court recently said the authorities should have considered the option of bail cancellation in respect of the first case against the detenu before resorting to the extreme measure of preventive detention.The court clarified that it was not saying that such an option should "necessarily. Quashing a preventive detention order under Kerala Anti-Social Activities Act, the High Court recently said the authorities should have considered the option of bail cancellation in respect of the first case against the detenu before resorting to the extreme measure of preventive detention. Argument 4 The final contention of the petitioner was that the detaining authority had not considered the option as to whether the plea for bail cancellation in respect of the first case, in which bail order was granted, should be sought instead of directly going for an extreme measure of preventive detention. Hence, in the light of the facts and circumstances of this case, we are of the view that the detaining authority should have, atleast, considered as to the viability and feasibility of the option of bail cancellation, in respect of the bail granted in the first case, and considered as to whether recourse to such ordinary process of criminal law would have been sufficient to meet the scenario in hand, instead of proceeding with the extreme measure of preventive detention" The Court further clarified that the matter would have been beyond the province of judicial review interdiction, if the detaining authority had come to the conclusion after considering these aspects of the feasibility and viability of the option of bail cancellation.

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History of this topic

Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case
2 days, 14 hours ago

Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case

Live Law  

The Andhra Pradesh High Court, while rejecting the anticipatory bail plea of an accused in a sexual harassment case has observed that denying custodial interrogation can result in significant loopholes and gaps in the ongoing investigation that may adversely affect its integrity. Single judge Justice T. Mallikarjuna Rao also observed, “The anticipatory bail, the extraordinary privilege, should be granted only …

Preventive Detention Order To Be Quashed When Passed Without Considering Bail Granted By Magistrate : Supreme Court
1 week, 2 days ago

Preventive Detention Order To Be Quashed When Passed Without Considering Bail Granted By Magistrate : Supreme Court

Live Law  

The Supreme Court recently set aside a preventive detention order against an alleged key member of a syndicate that smuggled foreign gold into India observing that the detaining authority failed to consider the conditions imposed by the jurisdictional Magistrate when granting him bail in case arising from the same allegations. The detention order being silent on that aspect, we interfere …

Preventive Detention Cannot Be Used As A Short-Cut Method When Cancellation Of Bail Is An Available Remedy: J&K High Court
1 week, 6 days ago

Preventive Detention Cannot Be Used As A Short-Cut Method When Cancellation Of Bail Is An Available Remedy: J&K High Court

Live Law  

The Jammu and Kashmir High Court held that the prosecution's failure to seek cancellation of bail and instead using preventive detention as a shortcut to put the accused behind bars is not legally sustainable. The court also observed that the detention order did not specify the nature, dates, or details of the alleged post-bail activities, making it impossible for the …

Preventive detention ‘draconian’ measure, needs safeguards: SC
1 week, 6 days ago

Preventive detention ‘draconian’ measure, needs safeguards: SC

Hindustan Times  

The Supreme Court on Wednesday underscored the necessity of strict adherence to constitutional and statutory safeguards in cases of preventive detention, pointing out that such a “draconian measure” cannot override fundamental rights without strict adherence to procedural protections. The current case pertained to Ashraf Hussain Choudhary and his wife, Adaliu Chawang, who were placed under preventive detention by the Nagaland …

Article 22(5) | Preventive Detention Order Unconstitutional If All Grounds Of Detention Are Not Communicated To Detenu: Orissa High Court
3 weeks, 2 days ago

Article 22(5) | Preventive Detention Order Unconstitutional If All Grounds Of Detention Are Not Communicated To Detenu: Orissa High Court

Live Law  

The Orissa High Court has reiterated that a preventive detention order shall be rendered unconstitutional for being violative of Article 22 of the Constitution if it does not specify each and every ground based upon which the order of detention was passed against the detenu. While setting aside a preventive detention order issued against the petitioner, who is accused of …

[KAAPA] Detaining Authority Has Duty To Provide Legible Copies Of Relevant Documents To Detenu: Kerala High Court
1 month, 2 weeks ago

[KAAPA] Detaining Authority Has Duty To Provide Legible Copies Of Relevant Documents To Detenu: Kerala High Court

Live Law  

The Kerala High Court has held that the detaining authority under the Kerala Anti-Social Activities Prevention Act has a duty to provide the detenu with legible copies of all relevant documents forming basis for the detention, including the detention order. The Court stated that the detenu can only exercise his constitutional right under Article 22 of the Constitution and his …

Anticipatory bail granted to five persons accused of abducting Koothattukulam councillor
1 month, 2 weeks ago

Anticipatory bail granted to five persons accused of abducting Koothattukulam councillor

The Hindu  

The Kerala High Court on Thursday granted anticipatory bail to five persons in a case registered in connection with the alleged abduction of Koothattukulam CPI municipal councillor Kala Raju. Kunhikrishnan, while granting them anticipatory bail, observed that an elected representative going against the will of the people should not be confronted physically by attacking the representative. If the elected representative …

Youth spared of ‘humiliating’ bail condition as Kasaragod Sessions court modifies order
1 month, 2 weeks ago

Youth spared of ‘humiliating’ bail condition as Kasaragod Sessions court modifies order

The Hindu  

A youngster, who was asked by a Kerala trial court to stand at a public place holding a placard with an anti-drug message as a condition to release him on bail, was spared of the ‘humiliation’ with the court modifying the bail condition. The Sessions Court, Kasaragod, which imposed the controversial bail condition lifted and moderated it a few days …

Kerala HC grants anticipatory bail to man booked under SC
2 months ago

Kerala HC grants anticipatory bail to man booked under SC

Op India  

The Malayalam expression “pulayadi mone,” which translates as “son of a prostitute,” is not considered a casteist slur that carries criminal penalties under the Scheduled Castes & Scheduled Tribes Act, 1989. The investigation also asserted that the offence under Section 3 had been committed, however, the bench countered that a violation under Section 3 of the Act would specify the …

Right To Speedy Trial Not A 'Free Pass' For Undertrial To Be Released On Bail: Delhi High Court Denies Bail To Neeraj Bawana In Murder Case
2 months ago

Right To Speedy Trial Not A 'Free Pass' For Undertrial To Be Released On Bail: Delhi High Court Denies Bail To Neeraj Bawana In Murder Case

Live Law  

The Delhi High Court has ruled that the right to speedy trial derived from Article 21 of the Constitution of India is not a “free-pass” for every undertrial, demanding to be enlarged on bail regardless of the criminal antecedents and the nature of the offence.Justice Anup Jairam Bhambhani said that where there are grave criminal antecedents, the larger interests of …

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea
2 months ago

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea

Live Law  

The Supreme Court today issued notice on the anticipatory bail plea of ex-IAS probationary officer Puja Khedkar, who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022. However, Senior Advocate Siddharth Luthra pointed out that the Delhi High Court has given very strong findings in the impugned order, indicting Khedkar …

Kerala HC Grants Bail To Businessman Boby Chemmanur in Sexual Harassment Case, Says Bail Will Be Cancelled If Similar Offence Is Committed
2 months ago

Kerala HC Grants Bail To Businessman Boby Chemmanur in Sexual Harassment Case, Says Bail Will Be Cancelled If Similar Offence Is Committed

Live Law  

The Kerala High Court on Tuesday granted bail to Boby Chemmanur in the sexual harassment case filed by a Malayalam Movie actress. The Court followed the Supreme Court judgment in Arnesh Kumar v State of Bihar which said that bail shall be granted if the maximum sentence for the offence is less than 7 year. The Court had said that …

Detaining Authority Must Show Likelihood Of Bail To Pass Preventive Detention Order Against Person Already In Custody: Gauhati HC Reiterates
Trending News
2 months, 1 week ago

Detaining Authority Must Show Likelihood Of Bail To Pass Preventive Detention Order Against Person Already In Custody: Gauhati HC Reiterates

Live Law  

" The said personal liberty and individual freedom can be curtailed by preventive detention laws, which could be used to consign an individual to the confines of jail without any trial, on the basis of the satisfaction arrived at by the detaining authority on the basis of the material placed before him," the court underscored. “ The Detention Order No.I …

Vandiperiyar Rape-Murder: Kerala High Court Asks Accused To Appear Before POCSO Court Upon State's Appeal Against Acquittal
3 months ago

Vandiperiyar Rape-Murder: Kerala High Court Asks Accused To Appear Before POCSO Court Upon State's Appeal Against Acquittal

Live Law  

The Kerala High Court asked the sole accused, Arjun in the infamous Vandiperiyar rape and murder case to appear before the Special Court for the Trial of Offences Under the Protection of Children from Sexual Offences Act in Kattappana. Notably, he was acquitted by the POCSO court last year in the rape and murder of a 5 and a half …

S.2(p)(iii) KAAPA | Complaint By Police Can Be Counted Towards Declaring Accused 'Known Rowdy' If No Personal Grievance Involved: High Court
3 months, 2 weeks ago

S.2(p)(iii) KAAPA | Complaint By Police Can Be Counted Towards Declaring Accused 'Known Rowdy' If No Personal Grievance Involved: High Court

Live Law  

The Kerala High Court has held that the bar under Section 2 of the Kerala Anti-Social Activities Act, 2007 does not apply if the police officer does not have any 'personal grievance' against the accused. Such cases will not come under the exclusion of complaints initiated by Police Officers, envisaged under Section 2 of KAAP Act.” The Court further added …

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl
3 months, 3 weeks ago

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl

Live Law  

The Kerala High Court has dismissed the bail application of a police officer who is accused of raping a 14-year-old minor girl who is stated to be a member of the scheduled caste. Justice K Babu observed that Courts must not lightly entertain bail applications when "serious offences" are alleged and a "prima facie case" is made out. Ultimately, it …

Kerala High Court denies bail to cop accused of raping minor Dalit girl
3 months, 3 weeks ago

Kerala High Court denies bail to cop accused of raping minor Dalit girl

India Today  

The Kerala High Court denied bail to a police officer, accused of raping a 14-year-old school girl two years ago on Children’s Day, saying he committed a “heinous offence”. The judge, Justice K Babu, denied the bail petition of the officer, who at the time of the rape was a Student Police Cadet instructor at the victim’s school. In his …

Preventive Detention Must Be Invoked With All Due Care And Circumspection: J&K High Court Quashes Detention Order
3 months, 3 weeks ago

Preventive Detention Must Be Invoked With All Due Care And Circumspection: J&K High Court Quashes Detention Order

Live Law  

Underscoring the sacrosanct nature of personal liberty, the High Court of Jammu & Kashmir and Ladakh quashed a preventive detention order, terming it as a product of non-application of mind and procedural lapses. The preventive detentions are made on the basis of subjective satisfaction of the detaining authority in relation to an apprehended conduct of the detenu by considering his …

Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour
4 months ago

Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour

Live Law  

The Punjab and Haryana High Court has refused to grant pre-arrest bail to a mother who was accused of sexually abusing her 2 years old son with her alleged paramour, observing that the role of a mother is of care and nurturing the child and any deviation from this standard especially in a manner that harms one's own child, invites …

Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court
4 months, 1 week ago

Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has emphasised that when bail is granted not on the merits of the case but due to procedural defaults under Section 167 of the Criminal Procedure Code or for urgent temporary purposes, such grounds might not favor the detainee. Underscoring the importance of carefully considering the grounds for bail in preventive detention …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
4 months, 3 weeks ago

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant

Live Law  

The Allahabad High Court has ruled that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused facing an arrest warrant or proclamation under Section 82 CrPC. The court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice.

Supreme Court comes to the rescue of man languishing in prison despite bail
6 months ago

Supreme Court comes to the rescue of man languishing in prison despite bail

The Hindu  

The Supreme Court set at liberty a man languishing in jail for four months after he got bail from the apex court due to his inability to furnish a local surety on Wednesday. A three-judge Bench headed by Justice Hrishikesh Roy directed the release of Ramchandra Thangappan Aachari, represented by advocates Neha Rathi and Pranav Sachdeva, on bail on his …

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator
6 months ago

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator

Live Law  

The Jammu & Kashmir and Ladakh High Court has quashed the preventive detention order issued against former Srinagar Municipal Corporation Corporator Aqib Ahmad Renzu. The court held that the mere fact that Renzu had been granted bail in multiple criminal cases did not justify his detention under preventive law. In the present case, the ordinary law of land was sufficient …

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody
6 months, 1 week ago

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody

Live Law  

Reiterating that the pre-trial process itself shall not become punishment, the Supreme Court yesterday set aside a bail condition imposed by the Patna High Court to the effect that the bail bonds be furnished by the accused after completion of 6 months in custody from the date of the order. "We see no valid reason for the High Court to …

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court
6 months, 1 week ago

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court ruled that a habeas corpus writ petition cannot be dismissed solely because the period of preventive detention has expired during the pendency of the case. Justice Rahul Bharti, while adjudicating the case, stated: "A habeas corpus writ petition cannot be allowed to suffer self-abortion because of its pendency outlasting the prescribed period …

[KAAPA] Police's Failure To Use Available Technology To Expedite Process Undermines Personal Liberty Of Accused In Preventive Detention Cases: Kerala HC
6 months, 2 weeks ago

[KAAPA] Police's Failure To Use Available Technology To Expedite Process Undermines Personal Liberty Of Accused In Preventive Detention Cases: Kerala HC

Live Law  

The Kerala High Court observed that the State Police uses an 'Integrated Core Policing System' that enables them to collect information about offenders promptly and efficiently without delay. The Court thus stated that with the technological advancements, the government cannot justify the delay in issuing the detention order by claiming that they spent time gathering case details. The Court was …

Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA
7 months ago

Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA

India Today  

In a significant decision, the Supreme Court on Tuesday extended the “bail is the rule, jail is the exception” dictum to special laws like the Unlawful Activities Act. A bench of Justices AS Oka and Augustine George Masih said, “Allegations may be serious, but if courts deny bail in deserving cases, then it violates fundamental rights.” “When the case is …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
7 months, 2 weeks ago

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence

The Quint  

“If courts ‘cave in’ when great rights are gouged within the sound-proof, sight-proof precincts of prison houses, where, often, dissenters and minorities are caged, Bastilles will be re-enacted. Therefore we affirm that imprisonment does not spell farewell to fundamental rights although, by a realistic re-appraisal, courts will refuse to recognise the full panoply of Part III enjoyed by a free …

Bail Order Shouldn't Be Normally Stayed During Pendency Of Application To Cancel Bail : Supreme Court
7 months, 3 weeks ago

Bail Order Shouldn't Be Normally Stayed During Pendency Of Application To Cancel Bail : Supreme Court

Live Law  

In an important judgment, the Supreme Court on Tuesday held that bail orders should not be normally stayed. Setting aside an order of the Delhi High Court which stayed the bail granted in a money laundering case, the Court stated that bail orders can be stayed only in exceptional circumstances. However, the court, highlighting that the rights guaranteed under Article …

Congress Candidate Against Former Haryana CM ML Khattar Granted Bail By Panchkula Court In Defacement Of Property Case
10 months, 2 weeks ago

Congress Candidate Against Former Haryana CM ML Khattar Granted Bail By Panchkula Court In Defacement Of Property Case

Live Law  

A Panchkula Court has granted bail to Youth Congress leader Divyanshu Budhiraja, who is contesting from Haryana's Karnal Lok Sabha seat against former Chief Minister ML Khattar, in 2018 FIR pertaining to the Haryana Prevention of Defacement of Property Act.Budhiraja has also moved the High Court seeking quashing of a case registered against him for his alleged failure to appear …

Kerala High Court Closes Swapna Suresh's Anticipatory Bail Pleas After Prosecution Submits It Has No Intention To Arrest Her Now
1 year ago

Kerala High Court Closes Swapna Suresh's Anticipatory Bail Pleas After Prosecution Submits It Has No Intention To Arrest Her Now

Live Law  

The Kerala High Court today closed two pre-arrest bail pleas moved by Swapna Suresh in connection with FIRs for allegedly spreading false and defamatory information against MLA K.T Jaleel, Chief Minister Pinarayi Vijayan and the Government. Justice Viju Abraham closed the bail pleas after recording the submission of Public Prosecutor that investigations are going on and there is no intention …

Kerala High Court Declines Anticipatory Bail Plea Of Co-Accused In BSNL Co-Operative Society Scam Case
1 year, 1 month ago

Kerala High Court Declines Anticipatory Bail Plea Of Co-Accused In BSNL Co-Operative Society Scam Case

Live Law  

The Kerala High Court recently dismissed the anticipatory bail plea of a 59-year-old lady who was alleged to be the close accomplice of the prime accused in the BSNL Co-Operative Society scam. Dias was of the view that the petitioner is not entitled to anticipatory bail considering that the investigation is in progress and that her custodial interrogation is necessary. …

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court
1 year, 2 months ago

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court

Live Law  

In a recent matter before the Kerala High Court, a single judge bench of Justice CS Dias held that an oral application made by the petitioner, who was accused under the NDPS Act would be sufficient to release him on statutory bail due to the failure of the Investigation Officer to file the final report on time. The petitioner submitted …

Kerala High Court Annual Digest 2023: Part II [Citations 256-511]
1 year, 2 months ago

Kerala High Court Annual Digest 2023: Part II [Citations 256-511]

Live Law  

Nominal Index Citations Arumughom Achari Ranganathan Achari & Ors v. Rajamma Sarojam & Ors., 2023 LiveLaw 256 A single bench of Justice Viju Abraham referred to Section 22C of the Legal Services Authorities Act,1987, Regulation 33 of the Kerala State Legal Services Authority Regulation, 1998 and Regulation 17 of the National Legal Services Authority Regulations, 2009 to conclude that both …

Kerala High Court Dismisses Anticipatory Bail Plea Of Former Senior Government Pleader In Rape Case
1 year, 2 months ago

Kerala High Court Dismisses Anticipatory Bail Plea Of Former Senior Government Pleader In Rape Case

Live Law  

The Kerala High Court on Friday dismissed the anticipatory bail plea moved by former Senior Government Pleader P.G. Manu in the case pertaining to alleged sexual assault of a female client in the guise of providing legal assistance for her.Justice Gopinath P. however added that if the petitioner were to surrender within 10 days from today, he shall be produced …

Unexplained Delay In Detention Order Execution Raises Doubt On Detaining Authority's Subjective Satisfaction: J&K High Court
1 year, 3 months ago

Unexplained Delay In Detention Order Execution Raises Doubt On Detaining Authority's Subjective Satisfaction: J&K High Court

Live Law  

Upholding basic rights and safeguards against arbitrary detention, the Jammu and Kashmir and Ladakh High Court has quashed a detention order of a detenue citing an unexplained delay in executing the order as casting doubt on the detaining authority's genuine concerns. Allowing a Habeas Corpus petition Justice Sanjay Dhar observed, “When there is an unsatisfactory and unexplained delay in executing …

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year, 3 months ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law  

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

Upholding Public Order for Society's Well-Being, Not as Punishment
1 year, 4 months ago

Upholding Public Order for Society's Well-Being, Not as Punishment

Live Law  

The Kerala High Court on Thursday reminded that the power to detain individuals ought not to be used as a punitive measure, but to secure public order, in the larger interest of the society. The detention order, therefore,must reflect how public order would be vitiated if the person concerned is not detained invoking the provisions under the Kerala Anti-Social Activities …

Article 22(4) | State Must Confirm Order Under Kerala Anti-Social Activities Prevention Act Within 3 Months From Detention: High Court
1 year, 5 months ago

Article 22(4) | State Must Confirm Order Under Kerala Anti-Social Activities Prevention Act Within 3 Months From Detention: High Court

Live Law  

The Kerala High Court on Wednesday declared that the State Government ought to confirm the detention order issued under the Kerala Anti-Social Activities Act, 2007 within 3 months from the date of its execution.The Division Bench comprising Justice Anu Sivaraman and Justice C. Jayachandran observed that while Article 22 of the Constitution does not create. The Kerala High Court on …

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court
1 year, 5 months ago

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court

Live Law  

The Kerala High Court on Wednesday reiterated that Section 438 of the Code of Criminal Procedure does not create an absolute bar in the grant of anticipatory bail to an accused alleged of raping a minor girl when no prima facie materials exist warranting the arrest of the accused.Section 438 excludes the grant of pre-arrest bail to offences under Sections …

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old
1 year, 7 months ago

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old

Live Law  

A plea has been moved in the Kerala High Court against the grant of anticipatory bail to a 57 years old man accused of sexually assaulting a minor aged 7 years. The Sessions Judge vide, its Order dated August 3, 2023, granted anticipatory bail to the accused on noting the delay caused in the registration of the case and that …

Video Reflects Secular Views, FIR Appears Motivated: Kerala High Court Grants Anticipatory Bail To Shajan Skaria In Priest Humiliation Case
1 year, 7 months ago

Video Reflects Secular Views, FIR Appears Motivated: Kerala High Court Grants Anticipatory Bail To Shajan Skaria In Priest Humiliation Case

Live Law  

The Kerala High Court on Thursday allowed the anticipatory bail plea moved by Shajan Skaria in the case alleging that he interacted with a priest through his YouTube channel 'Marunadan Malayali' with the intention to insult a religion.The Single Bench of Justice K. Babu found "force" in Skaria's contention that he was implicated in criminal cases at the instigation of …

Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention Order
1 year, 7 months ago

Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention Order

Live Law  

The Jammu and Kashmir High Court recently emphasised on its limited scope to look into the manner in which the subjective satisfaction is arrived at by the detaining authority to order preventive detention of a person. The Petitioner in the instant case was taken into preventive custody in terms of the order of detention issued under Section 8 of the …

Anticipatory Bail Not Available For Offences Under UAPA Under Any Circumstance: Kerala High Court
1 year, 7 months ago

Anticipatory Bail Not Available For Offences Under UAPA Under Any Circumstance: Kerala High Court

Live Law  

The Kerala High Court on Friday held that exclusion of application of Section 438 CrPC to cases under the Unlawful Activities Act, 1967 is absolute and thus no application for anticipatory bail is permissible for offences punishable under the UAPA under any circumstances.A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha added that if it were interpreted. …

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court
1 year, 8 months ago

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court

Live Law  

The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the bail conditions already imposed on the detenu.The Division Bench comprising Justice P.B. The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the …

Jurisdictional Court Cannot Deny Accused's Right To Surrender If Permitted By CrPC: Kerala High Court
1 year, 8 months ago

Jurisdictional Court Cannot Deny Accused's Right To Surrender If Permitted By CrPC: Kerala High Court

Live Law  

The Kerala High Court recently held that a Magistrate cannot conclude that the accused was not in the custody of the Court when he voluntarily surrenders to its jurisdiction; it should take such accused in custody and deal with him as per law.Justice K. Babu added that when CrPC permits an accused to surrender before the Court having jurisdiction over …

KAAPA | Delay In Initiating Proceedings Doesn't Invalidate Restraint Order If Nexus To Anti-Social Activity Not Severed: Kerala High Court
1 year, 8 months ago

KAAPA | Delay In Initiating Proceedings Doesn't Invalidate Restraint Order If Nexus To Anti-Social Activity Not Severed: Kerala High Court

Live Law  

The Kerala High Court recently held that a delay in initiating proceedings under Section 15 of the Kerala Anti-Social Activities Act, 2007 does not always severe the live link between prejudicial activity and the initiation of legal action.Section 15 of the Act deals with the power to make orders restricting the movements of certain persons.Placing reliance on Stalin CV. The …

Pre-Arrest Bail Plea Though Barred For Offence U/S 376(3) IPC May Be Considered If Material Does Not Prima Facie Attract Offence: Kerala High Court
1 year, 9 months ago

Pre-Arrest Bail Plea Though Barred For Offence U/S 376(3) IPC May Be Considered If Material Does Not Prima Facie Attract Offence: Kerala High Court

Live Law  

The Kerala High Court recently dismissed the anticipatory bail application filed by a father accused of sexually abusing his minor daughter.A single bench of Justice Ziyad Rahman observed that as per Section 438 of the Criminal Procedure Code, there is a specific bar against entertaining an application for anticipatory bail where offences Section 376 or section 376AB or section 376DA. …

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court
1 year, 9 months ago

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court

Live Law  

The 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 …

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court
1 year, 9 months ago

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court

Live Law  

The Kerala High Court on Monday held that a detention order issued against a person can be quashed on the basis of unexplained delay in issuing the order of detention after the last prejudicial activity of the detenu, as per the Kerala Anti-Social Activities Act, 2007. In other words, an unexplained delay in issuing the order of detention after the …

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