LOK 2020 (12) Ker. 243 · High Court of Kerala
Judgments
17 judgments match your search. Search by party name, citation (e.g. LOK 2026 (10) Ker. 5), case number, judge or words in the judgment, or pick a date of decision.
LOK 2026 (11) Ker. 100 · High Court of Kerala
Salu P. Kumar v. State of Kerala
Equivalent citations: 2026 KER 85977
SubjectCriminal Law
JudgesJustice Jobin Sebastian
ActsBharatiya Nagarik Suraksha Sanhita, 2023 (Section 94); Code of Criminal Procedure, 1973 (Sections 91 and 93); Constitution of India (Article 20(3)); Bharatiya Nyaya Sanhita, 2023 (Sections 79 and 356(2))
An investigating officer cannot issue a notice under Section 94 BNSS (Section 91 Cr.P.C.) compelling an accused to produce a mobile phone alleged to hold incriminating material, as that violates Article 20(3); the police may instead search and seize in accordance with law.
LOK 2026 (11) Ker. 44 · High Court of Kerala
Abdul Rafeek @ Rafeek v. State of Kerala
Equivalent citations: 2026 KER 84411
SubjectCriminal Law
JudgesJustice Jobin Sebastian
ActsCode of Criminal Procedure, 1973 (Cr.P.C.) — Section 91 & Section 439(2) — Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 94 — Constitution of India — Article 20(3) — Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 5, 6, 11, 12, 16 & 17 — Bharatiya Nyaya Sanhita, 2023 (BNS) — Sections 49, 64(2)(m), 65(2) & 332(a)
Bail may be cancelled to enable custodial interrogation needed for further investigation; Section 94 BNSS cannot be used to compel an accused to produce an incriminating mobile phone.
LOK 2026 (10) Ker. 92 · High Court of Kerala
Jolly John v. State of Kerala
Equivalent citations: 2026 KER 78515
SubjectJuvenile
JudgesJustice Jobin Sebastian
Teacher pulling student's hand to maintain classroom discipline, resulting in minor knee contusion – No mala fide intention or criminal intent to abuse, harass, or inflict severe harm – Held, trivial or minimal corrective measures administered by a teacher acting akin to a parent to…
LOK 2026 (10) Ker. 13 · High Court of Kerala
Anilkumar v. Anitha Kumari
Equivalent citations: 2026 KER 76578 : 2026 KLT OnLine 2343
SubjectDomestic Violence
JudgesJustice Jobin Sebastian
Limitation Act, 1963 — Section 5 — Protection of Women from Domestic Violence Act, 2005 — Husband challenged the dismissal of his delayed appeal following non-compliance with a direction to deposit 50% of maintenance. He relied on an accident, injuries and medical records in seeking…
LOK 2026 (9) Ker. 294 · High Court of Kerala
Kamal Raj v. State of Kerala
Equivalent citations: 2026 KER 75844
SubjectCriminal Law
JudgesJustice Jobin Sebastian
ActsBharatiya Nagarik Suraksha Sanhita 2023 (BNSS) – Section 368
The accused raised a plea under Section 368 BNSS claiming incapability of entering upon his defence due to intellectual disability (low IQ / sub-average intelligence). Upon enquiry, both the Psychiatrist and the Medical Board opined that despite the presence of intellectual developmental impairment, the accused…
LOK 2026 (9) Ker. 181 · High Court of Kerala
Alvin Nithyanandh v. Sruthy Suresh Babu
Equivalent citations: 2026 KER 71689
LOK 2026 (9) Ker. 105 · High Court of Kerala
Mathews Wilson v. Anu Mol
Equivalent citations: 2026 KER 68865
SubjectDomestic Violence
JudgesJustice Jobin Sebastian
ActsProtection of Women from Domestic Violence Act, 2005 - Section 12
LOK 2026 (9) Ker. 95 · High Court of Kerala
Sabeena v. State of Kerala
Equivalent citations: 2026 (9) KLR 97 : 2026 KER 68442
Essential ingredients include mens rea and direct or indirect acts of instigation proximate to the suicide - Mere general allegations of harassment or domestic discord without specific acts attributable to the accused do not suffice for Section 306 - Court cannot conduct a mini-trial or…
LOK 2026 (9) Ker. 94 · High Court of Kerala
Firoz Kunnumal v. State of Kerala
Equivalent citations: 2026 (9) KLR 98 : 2026 KER 68282
Held: (i) Continuation of criminal proceedings against relatives/in-laws of the husband (accused Nos. 2 to 7) based on vague, general, and omnibus allegations without any specific overt act or attributable instance of cruelty/misappropriation constitutes an abuse of the process of law. Proceedings against accused Nos.…
LOK 2026 (9) Ker. 73 · High Court of Kerala
Ansiba Hassan v. State of Kerala
Equivalent citations: 2026 (9) KLR 72 : 2026 KER 67401
Section 173(3) of the BNSS empowers the police to conduct a preliminary inquiry for offences punishable with imprisonment for three years or more but less than seven years, marking a departure from the principles established under the CrPC (Lalita Kumari). A Magistrate is not bound…
LOK 2026 (9) Ker. 71 · High Court of Kerala
Zahid Shanavas v. State of Kerala
Equivalent citations: 2026 (9) KLR 73 : 2026 KER 67526
The distinction between a false promise to marry and a subsequent failure to fulfil a promise to marry is well settled. For the purpose of attracting criminal liability on the ground that consent was vitiated by a false promise of marriage, there must be a…
LOK 2026 (7) Ker. 2810 · High Court of Kerala
Bijo V.K. v. Station House Officer
Equivalent citations: 2026 (7) KLR 283 : 2026 KER 57013
SubjectCriminal Law
JudgesJustice Jobin Sebastian
ActsCode of Criminal Procedure 1973 (CrPC) — Section 357A
Criminal courts are under a mandatory statutory obligation to consider the question of awarding adequate victim compensation under Section 357A CrPC, particularly in serious offences like acid attacks, independent of fine imposition under Section 357 CrPC. Failure of the trial court to make a recommendation…
LOK 2026 (7) Ker. 171 · High Court of Kerala
Vinod Valiyattoor v. State of Kerala
Equivalent citations: 2026 KER 53414
Criminal Procedure — Section 175 BNSS — Public servants — Official dutyThree police officers challenged a Magistrate’s order directing investigation of a private complaint. They invoked the safeguards for complaints against public servants under Section 175(4) BNSS and questioned the authentication of the affidavit filed…
LOK 2026 (3) Ker. 233 · High Court of Kerala
Joju George v. State of Kerala
Parents cannot Invoke Habeas Corpus against adult daughters' choice to lead life of celibacy. The alleged detenues are educated and there were no reasons to suspect that they are not acting on their free will.
LOK 2026 (3) Ker. 25 · High Court of Kerala
Jayalekshmi L v. State of Kerala
SubjectNarcotic Drugs
ActsPrevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1988
PITNDPS Act - Section 3(1) - Quantity of contraband is not a relevant factor to decide whether a detention order under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS Act) should be passed against a person found engaged in illicit…