Betty John vs State Of Kerala

Kerala High Court

Betty John vs State Of Kerala on 20 May, 2024

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
               THE HONOURABLE MR. JUSTICE S.MANU
  MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                   WP(CRL.) NO. 373 OF 2024


PETITIONER:

          BETTY JOHN, AGED 60 YEARS, W/O. JOHN VARGHESE,
          THACHUPARAMBIL HOUSE, MANKARA, KADANADU P.O.,
          KOLLAPPALLY, KOTTAYAM, PIN - 686 653

          BY ADVS.
          RAMESH .P
          JINU SAMYUKTHA PADMAKUMAR



RESPONDENTS:

    1     STATE OF KERALA, REP. BY ADDITIONAL CHIEF
          SECRETARY, DEPARTMENT OF HOME AFFAIRS,
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001

    2     THE DIRECTOR GENERAL OF POLICE, THE STATE POLICE
          CHIEF, POLICE HEADQUARTERS, THIRUVANANTHAPURAM,
          PIN - 695 001

    3     THE DEPUTY INSPECTOR GENERAL OF POLICE
          ERNAKULAM RANGE, SOUTH KALAMASSERY, CHANGAMPUZHA
          NAGAR, KALAMASSERY, ERNKULAM, PIN - 682 033

    4     THE DISTRICT POLICE CHIEF, COLLECTORATE
          BUILDING, K.K. ROAD, COLLECTORATE, KOTTAYAM, PIN
          - 686 002

    5     STATION HOUSE OFFICER, PALA POLICE STATION,
          PALA, MEENACHIL, KOTTAYAM, PIN - 686 575

    6     STATION HOUSE OFFICER, RAMAPURAM POLICE STATION,
          KOTTAYAM, PIN - 686 576
 W.P.(Crl.)No.373 of 2024

                                 ..2..




     7      STATION HOUSE OFFICER, MELUKAVU POLICE STATION,
            KOTTAYAM, PIN - 686 502

     8      THE KAA(P)A ADVISORY BOARD, KERALA ANTI-SOCIAL
            ACTIVITIES (PREVENTION) ACT, PADOM ROAD,
            ELAMAKKARA, ERNAKULAM, REP. BY THE SECRETARY,
            PIN - 682 026

            BY ADVS.
            ADVOCATE GENERAL OFFICE KERALA
            ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
            ADDL. STATE PUBLIC PROSECUTOR(AG-28)

            K.A. ANAS      PUBLIC PROSECUTOR




         THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY
HEARD ON 20.05.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(Crl.)No.373 of 2024

                                   ..3..




                      JUDGMENT

A. Muhamed Mustaque, J.

The petitioner is the mother of externee, namely, Deepak John. An order under the Kerala Anti-Social Activities (Prevention) Act, 2007 has been passed against him, restraining him from entering Kottayam District for a period of one year. This was modified by the KAAPA Advisory Board by reducing it to ten months. He has already undergone six months of externment.

2. The petitioner would submit that she is a widow and she depends upon her son. Currently, the externee is said to be residing within Raichur in Karnataka State.

3. In the light of the fact that the petitioner is a widow and there is no one at her home to take care of her, we are of the view that the impugned order can be modified confining the externment till today (20.05.2024). Hereafter, the externee - Deepak John shall report before the Station House W.P.(Crl.)No.373 of 2024 ..4..

Officer, Melukave Police Station on every Sunday at 11.30 am for a period of two months.

This W.P.Crl. is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

S.MANU JUDGE PR W.P.(Crl.)No.373 of 2024 ..5..

APPENDIX OF WP(CRL.) 373/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE EXTERNMENT ORDER ISSUED BY THE 3RD RESPONDENT TO THE SON OF THE PETITIONER NUMBERED AS KAA(P)A -18453/2023/ER DATED 21/11/2023 Exhibit P2 TRUE COPY OF THE PROCESS/RECOMMENDATION INITIATED UNDER ORDER NO. 248/KAA(P)A/SB/23-K DATED 11/10/2023 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT, NUMBERED AS 10374/2022/ER DATED 22/07/2022 Exhibit P4 TRUE COPY OF THE ORDER DATED 07/11/2022 NUMBERED AS KAA(P)A - 17560/2022/ER ISSUED BY THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE SDM, PALA, KOTTAYAM UNDER SECTION 107 CR. P.C. DATED 09/11/2023 Exhibit P6 TRUE COPY OF THE ORDER OF THE 8TH RESPONDENT DATED 04/01/2024