Allowed

Raju V.V v. State of Kerala

Kerala HC19 Feb 2024WP(Crl.)/73/2024

Case brief

AI extract

What is this about?

Father of a detenu challenged the validity of a detention order under the Kerala Anti Social Activities Prevention Act, 2007. The court set aside the order, finding the live link between the last prejudicial activity and detention snapped and noting unjustified delay without reasons. Detenu was directed to be released unless further detention is required by law.

What did the court decide?

The impugned detention order (Ext.P1) is set aside, and the detenu is directed to be released forthwith unless further detention is required under law.

Raju V.V Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 19^TH DAY OF FEBRUARY 2024 / 30TH MAGHA, 1945 WP(CRL.) NO. 73 OF 2024

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PETITIONER/S:

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RAJU V.V AGED 47 YEARS S/O VELAYUDHAN, VADAKKUMTHULLY HOUSE, BRHMAKULAM DESOM, THYKKAD VILLAGE, GURUVAYOOR, PIN - 680101

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BY ADVS. M.H.HANIS P.M.JINIMOL T.N.LEKSHMI SHANKAR NANCY MOL P. ANANDHU P.C. NEETHU.G.NADH CIYA E.J.

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME AND VIGILANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001

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2 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE THRISSUR, PIN - 680003 3 THE CITY POLICE CHIEF THRISSUR, PIN - 680020 4 SECRETARY ADVISORY BOARD, KAAPA, SREENIVAS, PADAM ROAD,

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WP(Crl) No.73/2024

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..2..

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VIVEKANANDA NAGAR, ELAMAKKARA,, PIN - 682026

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5 THE SUPERINTENDENT OF JAIL CENTRAL JAIL, KANNUR, PIN - 670004

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BY ADVS. SRI.K.A.ANAS, PUBLIC PROSECUTOR ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11) ADDL. STATE PUBLIC PROSECUTOR(AG-28)

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 12.02.2024, THE COURT ON 19.02.2024 DELIVERED THE FOLLOWING:

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WP(Crl) No.73/2024

JUDGMENT

SHOBA ANNAMMA EAPEN, J.

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The father of the detenu has approached this Court challenging the order of detention issued under the Kerala Anti Social Activities Prevention Act, 2007 [hereinafter referred to as, “the KAA(P)A”].

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Ext.P1 detention order was passed against the detenu on 31.10.2023. Six cases were considered for initiating preventive action against him, which include offences under the Protection of Children from Sexual Offences (POCSO). The last prejudicial activity was on 06.06.2023, in which he was granted bail on 03.08.2023. It is thereafter, the detention order was passed on 31.10.2023. In the last four years, he has been involved in five criminal cases, which include a POCSO case and crimes against women.

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Learned counsel for the petitioner submitted that

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the final report was filed in the last prejudicial activity only

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..4..

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WP(Crl) No.73/2024

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on 02.07.2023 and hence, there is delay in passing Ext.P1 detention order.

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Learned Government Pleader submitted that even after obtaining bail on conditions, the detenu continued to indulge in criminal activities; and hence, in order to ensure public peace and tranquility and to prevent his unlawful and public threat causing activities, the detention order was issued.

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Out of the six crimes committed by the detenu, four were against women and one was against a minor girl. The detenu had obtained bail in the crimes registered against him and thereafter, committed further crimes, which itself shows that the bail conditions are not sufficient to prevent his activities. But, absolutely no reason has been stated in the detention order for the delay in passing the same, for reasons best known to them. The live-link between the last prejudicial activity and the detention order has been snapped. Hence, we are of the opinion that Ext.P1 detention order warrants interference.

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WP(Crl) No.73/2024

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Therefore, the WP(Crl) is allowed. The impugned Ext.P1 order is set aside and the concerned prison authorities are directed to release the detenu forthwith, if his further detention is not otherwise required under law.

Sd/-

A. MUHAMED MUSTAQUE

JUDGE

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE

bka/-

WP(Crl) No.73/2024

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APPENDIX OF WP(CRL.) 73/2024

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PETITIONER EXHIBITS

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Exhibit -P1 A TRUE COPY OF THE ORDER NO. DCTSR/10557/2023/C1 DATED 31.10.2023 OF THE 2ND RESPONDENT Exhibit -P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15.11.2023 Exhibit-P3 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING THE ISSUANCE OF EXT P2 Exhibit-P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 15.11.2023 Exhibit-P5 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD EVIDENCING THE RECEIPT OF EXT P4

Raju V.V v. State of Kerala

Case brief

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Raju V.V v. State of Kerala

Case brief

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