Kerala HC allows NDPS Act case accused to go abroad for job
1 month, 2 weeks ago

Kerala HC allows NDPS Act case accused to go abroad for job

The Hindu  

Terming that comparison with people like Vijay Mallya and Nirav Modi was unwarranted, the Kerala High Court permitted a youth who had been charged under the Narcotic Drugs and Psychotropic Substances Act to go abroad for job as conclusion of trial was not foreseeable in the near future. His earlier petition to leave the country had been rejected by a Sessions Court, drawing parallel to cases of Vijay Mallya and Nirav Modi, following which he filed an appeal before the High Court. Stating that drawing parallel to the cases of Vijay Mallya and Nirav Modi was unwarranted under the facts and circumstances of the case, the court took cognisance of the fact that charges were not framed in the petitioner’s case so far and that it will take at least two more years to complete the case. Stating that the offence was of serious nature, the public prosecutor said that granting the accused permission to go abroad may result in the petitioner going absconding.

Court Case Abroad Petitioner Nirav Modi Vijay Mallya  case  petitioner  court  abroad  kerala  modi  ndps  vijay  mallya  thrissur  accused  job  hc  nirav  allows  unwarranted  act

History of this topic

Mental Condition Of Youngsters Disturbing, Parents Should Closely Monitor: Kerala HC Grants Bail To 25 Yr-Old Who Attacked Mother For NYE Money
2 weeks, 1 day ago

Mental Condition Of Youngsters Disturbing, Parents Should Closely Monitor: Kerala HC Grants Bail To 25 Yr-Old Who Attacked Mother For NYE Money

Live Law  

The Kerala High Court stated that the mental condition of the young generation in this country is astonishing and disturbing. The Court made the above observation while allowing the bail application of a 25-year-old son who inflicted serious injuries on his mother for refusing to give money for New Year's eve celebrations. For not paying money for celebrating new year …

Kerala HC expresses concern over rise in drug-related cases in State
2 weeks, 3 days ago

Kerala HC expresses concern over rise in drug-related cases in State

The Hindu  

The Kerala High Court has expressed concern over the “poisonous fangs of the drug mafia” reaching even schoolchildren and the rise in drug-related cases in the State. Noting that 24,517 narcotics-related arrests were reported in the State in 2024, compelling even the Assembly to suspend its regular business to discuss the social impact of substance abuse, the court said that …

Drug Mafia's 'Poisonous Fangs' Have Reached School Kids: Kerala HC Affirms Bail Cancellation Of NDPS Accused Who Indulged In Another Case
2 weeks, 3 days ago

Drug Mafia's 'Poisonous Fangs' Have Reached School Kids: Kerala HC Affirms Bail Cancellation Of NDPS Accused Who Indulged In Another Case

Live Law  

The Kerala High Court refused to interfere with the order of Special Court cancelling the bail of an accused under Narcotic Drugs and Psychotropic Substances Act, 1985 who got involved in another NDPS case while on bail. The Court noted that in all of the cases the petitioner referred to, both the initial and subsequent crimes were not offences under …

NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined
3 weeks ago

NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined

Live Law  

The Gujarat High Court recently granted regular bail to an man booked under NDPS Act, in view of long incarnation of three and a half years and after noting that out of 29 witnesses only two had been examined where the trial court had not give any time bound schedule of the examination of such witnessesJustice Gita Gopi in her …

In NDPS Cases Where Sentence Is Of 10 Yrs Accused Should Generally Not Be Released On Bail: Punjab & Haryana High Court
1 month, 1 week ago

In NDPS Cases Where Sentence Is Of 10 Yrs Accused Should Generally Not Be Released On Bail: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has said that in cases involving offences under the Narcotic Drugs and Psychotropic Substances Act, where sentence is of ten years, the accused should generally be not released on bail.Justice Manisha Batra said,"It has been seen that the denial of bail has prevented the accused from fleeing from the criminal justice and protected the …

When Delay In Trial Is Solely Due To Prosecution's 'Lethargy', Personal Liberty Overrides S.37(1)(b) Of NDPS Act: Kerala HC Grants Bail
1 month, 2 weeks ago

When Delay In Trial Is Solely Due To Prosecution's 'Lethargy', Personal Liberty Overrides S.37(1)(b) Of NDPS Act: Kerala HC Grants Bail

Live Law  

The Kerala High Court recently held that when the prosecution is solely responsible for the delay in concluding the trial, the liberty guaranteed under Article 21 of the Constitution overrides the effect of Section 37 of the NDPS Act. However, the Supreme Court in Ankur Choudhary v State of Madhya Pradesh had said that if a trial is not concluded …

Kerala High Court Permits NDPS Accused To Go Abroad For Employment, Says Comparison With Vijay Mallya, Nirav Modi 'Unwarranted'
1 month, 2 weeks ago

Kerala High Court Permits NDPS Accused To Go Abroad For Employment, Says Comparison With Vijay Mallya, Nirav Modi 'Unwarranted'

Live Law  

The Kerala High Court recently stated that it was unjust to deny a 24-year-old man, who is the fourth accused in an NDPS case, permission to travel abroad for employment when conclusion of trial was not foreseeable in near future. In the facts of the case, ˇJustice VG Arun further observed that the Sessions Court citing examples of Vijay Mallya …

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 …

Vandiperiyar Rape-Murder Case: Kerala High Court Grants Bail To Relative Of Acquitted Accused Who Was Charged In A Counter Case
1 year, 1 month ago

Vandiperiyar Rape-Murder Case: Kerala High Court Grants Bail To Relative Of Acquitted Accused Who Was Charged In A Counter Case

Live Law  

The Kerala High Court has granted bail to the relative of Arjun, who was acquitted in the rape and murder of a five-and-a-half-year-old minor girl at Vandiperiyar town in the Idukki district in 2021, accused of attacking the victim's family. "Indisputably, there is a case and counter case registered against the petitioner and the defacto complainant and their family members …

[Health Department Job Fraud Case] Kerala High Court Dismisses Anticipatory Bail Plea, Says Custodial Interrogation Necessary
1 year, 1 month ago

[Health Department Job Fraud Case] Kerala High Court Dismisses Anticipatory Bail Plea, Says Custodial Interrogation Necessary

Live Law  

The Kerala High Court today dismissed a pre-arrest bail application by the second accused in the health department job fraud case, referring to their criminal antecedents in its order. A single judge bench of Justice CS Dias stated that “particularly taking note of the financial transaction between the victim and the petitioner, the criminal antecedents of the petitioner and the …

Kerala High Court Permits Advocate To Collect Personal Belongings Of Foreign National Awaiting Deportation After Being Acquitted Of Charges Under NDPS Act
1 year, 1 month ago

Kerala High Court Permits Advocate To Collect Personal Belongings Of Foreign National Awaiting Deportation After Being Acquitted Of Charges Under NDPS Act

Live Law  

The Kerala High Court has permitted an Advocate to collect the personal articles belonging to the Foreign National on his behalf since he was placed in a transit centre and could not move around anywhere in India and was awaiting deportation. A single bench of Justice Bechu Kurian Thomas directed the Sessions Court to hand over all the personal articles …

[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 …

Accused Cooperative, Can't Impede His Right To Study Abroad Merely Because Police Have Not Submitted Final Report: Kerala High Court
1 year, 5 months ago

Accused Cooperative, Can't Impede His Right To Study Abroad Merely Because Police Have Not Submitted Final Report: Kerala High Court

Live Law  

The Kerala High Court on Thursday granted permission to a person accused of committing the offence punishable under Section 498A IPC, to pursue higher studies in Australia, despite the police not having submitted the final report in the case. Condition stipulated that the petitioner had to appear before the investigating officer every Saturday till the filing of the final report, …

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 …

Kerala HC dismisses M Sivasankar's bail plea in Life Mission case
1 year, 11 months ago

Kerala HC dismisses M Sivasankar's bail plea in Life Mission case

India Today  

The Kerala High Court on Thursday rejected the bail plea of M Sivasankar, the former principal secretary of Chief Minister Pinarayi Vijayan, in a money-laundering case related to the alleged corruption in the Life Mission project, a housing scheme for the homeless. While dismissing the bail plea, the HC said, "The petitioner is a highly influential person closely associated with …

HC rejects the bail plea of Sivasankar
1 year, 11 months ago

HC rejects the bail plea of Sivasankar

The Hindu  

The Kerala High Court on Thursday dismissed the bail plea of M. Sivasankar, former Principal Secretary to the Chief Minister, in an money laundering Enforcement Directorate case in connection with the LIFE mission corruption case. However, his propensity to tamper with the evidence and to influence witnesses could be foreseeable, since “the petitioner is a person having very much influence …

S.36A(4) NDPS Act | Apart From Reasons To Detain Accused Beyond Statutory Period, Prosecutor's Report Must Disclose Progress Of Investigation: Kerala HC
2 years, 4 months ago

S.36A(4) NDPS Act | Apart From Reasons To Detain Accused Beyond Statutory Period, Prosecutor's Report Must Disclose Progress Of Investigation: Kerala HC

Live Law  

The Kerala High Court on Thursday held that in order to extend the statutory period of 180 days to complete the process of investigation as per Section 36-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, the report produced by the Public Prosecutor ought to disclose the progress of investigation in addition to the reasons to detain the accused …

Kerala High Court Grants Interim Bail To Sri Lankan Refugees Caught Attempting To Illegally Travel To Canada On Fishing Boat
2 years, 4 months ago

Kerala High Court Grants Interim Bail To Sri Lankan Refugees Caught Attempting To Illegally Travel To Canada On Fishing Boat

Live Law  

The Kerala High Court on Friday granted interim bail to Sri Lankan nationals, who are accused of attempting to illegally travel to Canada via sea, and directed the trial court to complete the trial within three months after receipt of final report in the matter.During the bail period, the accused persons, who had been apprehended near Vaddy Harbour, Kaikulangara Cheny …

Kerala High Court Exalts Police Assistance In Tracing Out Woman Alleged To Have Been Illegally Detained
2 years, 5 months ago

Kerala High Court Exalts Police Assistance In Tracing Out Woman Alleged To Have Been Illegally Detained

Live Law  

The Kerala High Court recently appreciated the "invaluable assistance" rendered to it by the State Police in disposing a habeas corpus writ petition.The Division Bench consisting of Justice K. Vinod Chandran and Justice C. Jayachandran exalted the assistance of various Police Personnel within State Police Department in tracing out the person, alleged to have been illegally detained, both. The Kerala …

Kerala High Court Grants Bail To Tuition Teacher Accused Of Sexually Assaulting Minor Boy For 8 Years
2 years, 7 months ago

Kerala High Court Grants Bail To Tuition Teacher Accused Of Sexually Assaulting Minor Boy For 8 Years

Live Law  

The Kerala High Court on Wednesday released on bail a man accused of sexually assaulting his student over a span of eight years, finding that he had been in judicial custody for over a month. Justice Bechu Kurian Thomas observed that although prima facie there was evidence showing that the petitioner was involved in the crime, his continued incarceration was …

Kerala High Court Half-Yearly Digest: January To June 2022 [Citations 1-313]
2 years, 7 months ago

Kerala High Court Half-Yearly Digest: January To June 2022 [Citations 1-313]

Live Law  

Kerala Education Rules | Only State-Authorised Officer Empowered To Extend Higher Secondary School Teachers' Suspension Beyond 15 Days: High Court Case Title: Rev. Citation: 2022 LiveLaw 304 The High Court recently observed that according to the proviso to Rule 67 of Chapter XIVA of Kerala Education Rules, sanction to extend the period of suspension of a teacher in Higher Secondary …

In-Flight Protest Against Chief Minister: Kerala High Court Grants Pre-Arrest Bail To 3rd Accused
2 years, 9 months ago

In-Flight Protest Against Chief Minister: Kerala High Court Grants Pre-Arrest Bail To 3rd Accused

Live Law  

The Kerala High Court on Thursday granted pre-arrest bail to a Youth Congress worker Sujith Narayanan who has been accused of conspiring to protest against Chief Minister Pinarayi Vijayan on a flight at the Thiruvananthapuram airport.Justice Viju Abraham granted anticipatory bail to the petitioner observing that while the first two accused allegedly involved in the incident were arrested,. The Kerala …

Kerala High Court Grants Anticipatory Bail To Actor-Producer Vijay Babu In Rape Case Subject To Conditions
2 years, 9 months ago

Kerala High Court Grants Anticipatory Bail To Actor-Producer Vijay Babu In Rape Case Subject To Conditions

Live Law  

The Kerala High Court on Wednesday granted pre-arrest bail subject to conditions to Malayalam actor-producer Vijay Babu's plea in the case where an actress accused him of sexually exploiting her.Justice Bechu Kurian Thomas allowed the anticipatory bail plea with a condition that limited custody of the actor shall be available to the investigating officer. The Kerala High Court on Wednesday …

NDPS Accused In Custody Since Over 2 Yrs, Only Three Of Eight Witnesses Examined: Punjab & Haryana High Court Grants Bail
2 years, 9 months ago

NDPS Accused In Custody Since Over 2 Yrs, Only Three Of Eight Witnesses Examined: Punjab & Haryana High Court Grants Bail

Live Law  

The Punjab and Haryana High Court recently granted bail to an accused, incarcerated since over two years in connection with alleged offences under the Narcotic Drugs and Psychotropic Substances Act, 1985. "Keeping in view the fact that the petitioner has been in custody for a period of 02 years, 09 months and 14 days and the trial is likely to …

'Grass Is Not Greener On The Other Side Of Fence': Kerala High Court To Radicalists In Terror Recruitment Case
2 years, 10 months ago

'Grass Is Not Greener On The Other Side Of Fence': Kerala High Court To Radicalists In Terror Recruitment Case

Live Law  

The Kerala High Court on Monday confirmed the conviction and sentence awarded to prime accused Thadiyantevida Nazeer and nine others in the Kashmir terror recruitment case in a judgment that runs to 205 pages. The Division Bench of Justice K Vinod Chandran and Justice C Jayachandran however, acquitted the 2nd, 14th and 22nd accused in the case since their role …

Karnataka Govt To Move Bombay High Court Seeking Permission To Produce Varavara Rao Before A Local Court In Alleged Naxal Attack Case
2 years, 11 months ago

Karnataka Govt To Move Bombay High Court Seeking Permission To Produce Varavara Rao Before A Local Court In Alleged Naxal Attack Case

Live Law  

The Karnataka government has informed the High Court that it would be moving an application before the Bombay High Court or the National Investigation Agency Court in Mumbai, seeking to relax the bail conditions imposed on Telugu poet P Varavara Rao's to allow him to appear before a court in Karnataka's Tumkuru district, and face a trial pending against him. …

Punjab and Haryana High Court dismisses anticipatory bail plea of SAD leader Bikram Singh Majithia
3 years, 1 month ago

Punjab and Haryana High Court dismisses anticipatory bail plea of SAD leader Bikram Singh Majithia

Firstpost  

The 46-year-old Majithia was booked under the Narcotic Drugs and Psychotropic Substances Act on 20 December Chandigarh: The Punjab and Haryana High Court on Monday dismissed the anticipatory bail plea of SAD leader Bikram Singh Majithia, who has been booked under the NDPS Act. Majithia’s counsel Asrhdeep Singh Cheema said the court of Justice Lisa Gill dismissed the anticipatory bail …

Legally Permissible For Court To Direct/Permit Accused To Surrender While Dismissing Anticipatory Bail Plea: Kerala High Court
3 years, 7 months ago

Legally Permissible For Court To Direct/Permit Accused To Surrender While Dismissing Anticipatory Bail Plea: Kerala High Court

Live Law  

The Kerala High Court recently observed that while dismissing an application for anticipatory bail, it is legally permissible for the court to direct/permit the accused to surrender before the investigating officer or the jurisdictional court within a specific period.The Bench of Justice R. Narayana Pisharadi referred to Nathu Singh vs. State of Uttar Pradesh LL 2021 SC 261, wherein it. …

Can An Accused Who Is On Bail Be Allowed To Go Abroad For His Employment? Kerala High Court Answers
3 years, 9 months ago

Can An Accused Who Is On Bail Be Allowed To Go Abroad For His Employment? Kerala High Court Answers

Live Law  

The Kerala High Court on Friday while hearing a petition seeking permission to go abroad allowed to the accused on bail to go to UAE to rejoin his duty. Manu Ramachandran while arguing for the petitioner mentioned that the Court of Session had not imposed any condition that he should obtain prior permission of the court to go abroad while …

Nirav Modi can be extradited, rules UK court, says has a 'case to answer to India'
4 years ago

Nirav Modi can be extradited, rules UK court, says has a 'case to answer to India'

Firstpost  

On Thursday, fugitive diamantaire Nirav Modi lost his legal battle against extradition after a UK judge ruled that he must face the Indian courts on charges of fraud and money laundering in the estimated $2 billion Punjab National Bank scam case. The 49-year-old appeared via video link from Wandsworth Prison in south-west London as District Judge Samuel Goozeehanded handed down …

'What Is The Purpose Of Releasing Him?': Kerala High Court Denies Bail To Former PWD Minister VK Ebrahim Kunju In Palarivattom Flyover Scam
4 years, 3 months ago

'What Is The Purpose Of Releasing Him?': Kerala High Court Denies Bail To Former PWD Minister VK Ebrahim Kunju In Palarivattom Flyover Scam

Live Law  

The Kerala High Court, while dismissing the bail application filed by former PWD minister VK Ebrahim Kunju in the Palarviattom flyover scam, observed that there are serious allegations against the former minister and thus he is not entitled bail on merit at this stage.A person who was admitted to a hospital one day before the arrest and that also a …

No Bar On Filing Anticipatory Bail Applications In Triple Talaq Cases; But Should Plead Reasons For Not Approaching Magistrate: Kerala HC [Read Judgment]
4 years, 7 months ago

No Bar On Filing Anticipatory Bail Applications In Triple Talaq Cases; But Should Plead Reasons For Not Approaching Magistrate: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that Anticipatory Bail application under Section 438 Cr.P.C. The Court issued the following guidelines in the matter of consideration of bail application under Section 7 If an accused in a case registered under the provisions of the Act, 2019 filed a Bail Application before the Magistrate under Section 7, his personal presence before the …

Fully vindicated by PM Modi's statement; suits the BJP to say I ran away, says fugitive economic offender Vijay Mallya
5 years, 11 months ago

Fully vindicated by PM Modi's statement; suits the BJP to say I ran away, says fugitive economic offender Vijay Mallya

Firstpost  

Mallya’s latest social media intervention follows a recent interview in which Prime Minister Modi said that recovering an amount more than what Mallya defrauded was a big win for India. London: Embattled liquor tycoon Vijay Mallya claimed on Sunday that Prime Minister Narendra Modi’s statement in a recent interview confirming the recovery of Rs 14,000 crores worth of his assets …

Vijay Mallya arrives in UK court for extradition case hearing
6 years, 3 months ago

Vijay Mallya arrives in UK court for extradition case hearing

Live Mint  

London: A defiant Vijay Mallya, wanted in India on alleged fraud and money laundering charges amounting to an estimated ₹ 9,000 crore, on Monday sought to disprove the narrative that he has “stolen” money and said his offer to repay the principal amount to the Indian banks was “not bogus”. Mallya’s defence team, led by Clare Montgomery, deposed a series …

Kerala HC Grants Anticipatory Bail To Man Accused Of Committing Sexual Assault On His 6-Yr-Old Son [Read Order]
6 years, 9 months ago

Kerala HC Grants Anticipatory Bail To Man Accused Of Committing Sexual Assault On His 6-Yr-Old Son [Read Order]

Live Law  

The Kerala High Court has granted anticipatory bail to a 38-year-old man, accused of touching his minor son inappropriately with sexual intent after it noted that the complaint had been filed in the case two years after the alleged incident when the relationship between the accused and her wife had become strained.Justice R Narayana Pisharadi granted anticipatory bail to the …

Kerala HC Grants Anticipatory Bail To Man Accused Of Committing Sexual Assault On His 6-Yr-Old Son [Read Order]
6 years, 9 months ago

Kerala HC Grants Anticipatory Bail To Man Accused Of Committing Sexual Assault On His 6-Yr-Old Son [Read Order]

Live Law  

The Kerala High Court has granted anticipatory bail to a 38-year-old man, accused of touching his minor son inappropriately with sexual intent after it noted that the complaint had been filed in the case two years after the alleged incident when the relationship between the accused and her wife had become strained.Justice R Narayana Pisharadi granted anticipatory bail to the …

Vijay Mallya extradition case: UK court grants bail to liquor baron till April 2
7 years, 2 months ago

Vijay Mallya extradition case: UK court grants bail to liquor baron till April 2

India TV News  

The UK judge presiding over the extradition trial of Vijay Mallya has granted bail to the embattled liquor baron till April 2 as she heard arguments from the defence against the admissibility of evidence presented by the Indian government. The 62-year-old was back in the dock at Westminster Magistrates' Court in London as his defence team laid out arguments against …

Delhi courts issue two NBWs against Vijay Mallya, says 'he has no intention to return to India'
8 years, 4 months ago

Delhi courts issue two NBWs against Vijay Mallya, says 'he has no intention to return to India'

India TV News  

A Delhi court has issued two non-bailable arrest warrants against beleaguered liquor baron Vijay Mallya on Friday in cases of an alleged violation of foreign exchange rules and a 2012 cheque bounce case lodged by DIAL. The Enforcement Directorate on October 4 told the court here that Mallya can obtain emergency travel document to visit India and can face a …

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