Writ petition challenging detention of petitioner's son under KAAPA, alleging unreasonable delay in execution of detention order due to detenu's absconding; petition dismissed as detenu could not benefit from his own evasion of arrest.
Petition dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY ,THE 04TH DAY OF JANUARY 2019 / 14TH POUSHA, 1940
WP(Crl.).No. 462 of 2018
PETITIONER/S:
MAROLI PREMA, AGED 58 YEARS W/O. SURESH BABU, PRANUBA NIVAS, PINARAYI P.O., KANNUR DISTRICT, PIN- 670 741.
BY ADV. SRI.R.ROHITH
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIR, SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001.
BY SRI. SURESH BABU THOMAS. ADDL.DGP SRI. K.A ANAS, GOVERNMENT PLEADER
OTHER PRESENT:
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl) 462/2018
2
JUDGMENT
Ashok Menon, J.
The petitioner is the mother of one Pranu Babu, who is under detention by Ext.P1 order dated 26.10.2016 of the District Magistrate, Kannur under the provision of Section 3 read with Section 13(2)(i) of the Kerala AntiSocial Activities (Prevention) Act, 2007 (for short “the KAAPA”) and is currently lodged in the Central Prison at Viyyur. The detenu was earlier placed under detention with effect from 13.08.2012 to 08.02.2013 under Section 3(1) of the KAAPA for being a knownrowdy. Consequent to his release, he was involved in two criminal cases. Crime No.117/2015 was registered at Kathiroor Police Station for offences punishable under Sections 143, 147, 148, 452, 427 and 324, read with Section 149 of I.P.C. and crime No.915/2016 was registered at Kuthuparamba Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 307, 302 read with Section 149 of I.P.C. and under Sections 3 and 5 of the Explosive Substances Act. On request
WP(Crl) 462/2018
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made by the District Police Chief, Kannur on 26.08.2016 Ext.P1 order was passed.
Ext.P1 order being passed, no action was taken to detain the detenu, though he was available in the
locality. The detenu surrendered before the Judicial
First Class Magistrate, Kuthuparamba on 27.03.2018 in Crime No.1708/2016 of Kuthuparamba Police Station, and
bail was rejected by the Sessions Court, Thalassery vide Ext.P2 order dated 25.05.2018.
the Government on 09.04.2018 challenging Ext.P1 order.
But the same was rejected as per Ext.P4 order dated 27.04.2018 and thereafter the detenu was formally arrested in execution of Ext.P1 order, after obtaining permission from the Judicial Magistrate, Kuthuparamba, while he was in judicial custody.
challenged by the petitioner is that there was
unreasonable delay in arresting the accused. Ext.P1
order was made on 26.10.2016 and he was arrested on
WP(Crl) 462/2018
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02.04.2018. The short question that arises before us
for consideration is whether in view of the long gap of time from 26.10.2016 to 02.04.2018, between the order of detention and consequent arrest, the detention is justified or not.
delay on the part of the Government in executing the detention order. Charge sheet was filed in Crime No.915/2016 of Kuthuparamba Police Station on
5
WP(Crl) 462/2018
26.05.2017 and the same was taken on file by the learned Magistrate as C.P.No.40/2017. Despite the fact that the Court posted the case on 04.07.2017, 05.08.2017, 02.09.2017 and 16.09.2017, the detenu did
not appear before the Court and the case was committed to the Court of Session in the absence of the detenu. Summons was issued in S.C.No.1075/2017 by the Sessions Court and on enquiry it was reported that the accused therein was absconding for a long period and the copy of the summon was affixed at his house, as per Section 65 of Cr.P.C. All these would indicate that the detenu
was deliberately avoiding execution of the detention order and only after he had surrendered before the Judicial Magistrate, Kuthuparamba in connection with Crime No.1708/2016 that the detention order could be executed on 02.04.2018, with the permission of the Magistrate.
in executing the detention order by absconding or evading his arrest. Every detention order could thus be thwarted by the detenu and rendered useless. The
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detenu cannot take advantage of his absence by
absconding, and set up defence on the ground of delay in executing the detention order.
In the instant case, the detenu had already
undergone detention once, and consequent to his release, he had committed two other crimes, which led
to the action being taken against him under the
provisions of Section 13(2)(i) of KAAPA. One of the
crimes registered against the detenu is under Section 302, I.P.C. for murder. All other relevant provisions have been complied with and we find no reason to allow
the petition. Hence, this Writ Petition is dismissed. No costs.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
ASHOK MENON
JUDGE
dkr
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT | P1 TRUE COPY |
OF | THE | DETEN | TION ORDER | DATED |
|---|---|---|---|---|---|---|
| 26.10.2016 THE 2ND RE |
IN SPOND |
SS1/ ENT. |
DCKNR/ |
7897/16 ISS | UED BY | |
| EXHIBIT | P2 TRUE COPY CRL.M.C.NO THALASSERY |
OF T .700/ . |
HE O 2018 |
RDER D OF TH |
ATED 25.05.2 E SESSIONS |
018 IN COURT, |
| EXHIBIT | P3 TRUE COPY 02.04.2018 |
OF . |
TH | E CUS | TODY MEMO | DATED |
| EXHIBIT | P4 TRUE COPY NO.S.S.A.1 ADDITIONAL |
OF /108/ CHIE |
THE 2018 F SE |
ORDER -HOME CRETAR |
DATED 27. ISSUED Y. |
04.2018 BY |
| EXHIBIT | P5 TRUE COPY PASSED BY CRL.M.C.NO KATHIRUR P |
OF THE S .9/20 OLICE |
THE ESSI 16 STA |
ORDER ONS CO IN CRI TION. |
DATED 12. URT, THALAS ME NO.117/2 |
01.2016 SERY IN 016 OF |
| EXHIBIT | P6 TRUE COPY PASSED BY CRL.M.C.NO OF KUTHUPA |
OF THE .1381 RAMBA |
THE SES /201 POL |
ORDER SIONS 6 IN ICE ST |
DATED 01. COURT, THA CRIME NO.9 ATION. |
09.2016 LASSERY 15/2016 |
1 issue framed by the court
Whether the detention order is justified despite the delay between making the order and executing the detenu's arrest.
1 provisions across 1 enactments
Maroli Prema
State of Kerala
K.Vinod Chandran
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
