Bindhu Jayan vs State Of Kerala

Kerala High Court

Bindhu Jayan 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. 404 OF 2024
PETITIONER:

         BINDHU JAYAN, AGED 44 YEARS, W/O JAYAN,
         KALARIKKALHOUSE,KANJIRAMKULAM KARA,
         KURAVILANGADU VILLAGE, KOTTYAM DISTRICT., PIN -
         686 633

          BY ADV AJEESH M UMMER



RESPONDENTS:

   1     STATE OF KERALA, REPRESENTED BY THE
         CHIEFSECRETARY TO GOVERNMENT, HOMEDEPARTMENT,
         GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM., PIN
         - 695 001

   2     THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE
         KOTTAYAM., PIN - 686 002

   3     THE STATION HOUSE OFFICER, KURAVILANGAD POLICE
         STATION KURAVILANGAD., PIN - 686 633

   4     THE CITY POLICE CHIEF, KOTTYAM, PIN - 686 002

   5     THE CHAIRMAN, ADVISORY BOARD ,KAAPA, SREENIVAS,
         PADAMROAD,VIVEKANANDA NAGAR, ELAMAKKARA, PIN -
         682 026

   6     THE SUPERINTENDENT OF JAIL, CENTRAL JAIL,
         KANNUR, PIN - 670 004

          BY ADVS.
          ADVOCATE GENERAL OFFICE KERALA
          ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
          ADDL. STATE PUBLIC PROSECUTOR(AG-28)
 W.P.(Crl.)No.404 of 2024
                                 ..2..




           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.404 of 2024
                                  ..3..




                    JUDGMENT

A. Muhamed Mustaque, J.

The petitioner is the wife of the detenu. This is the second detention order passed against the detenu. He is ordered to be detained for a period of one year. The last crime was registered on 30.07.2023. The crime happened to be registered on the allegation that while consuming alcohol by the detenu along with his friends, the detenu heard the victim abusing victim's wife over phone and that was questioned by the detenu. Infuriated by the same, the detenu assaulted and threatened the victim and this led to the registration of the case.

2. Considering the nature of offence registered against the detenu, we are of the view that it is only a matter affecting law and order. A mere registration of the crime itself will not be sufficient to invoke provisions under the KAAPA Act unless such crime is of a grave nature which would vitiate public order. The detaining authority should apply its mind while passing a detention order and find out the nature of offence and its gravity, that would have an impact on vitiating a public order. Merely because he is involved in a W.P.(Crl.)No.404 of 2024 ..4..

crime after suffering earlier detention order itself does not mean that the provisions under the KAAPA Act can be invoked against such person. The detaining authority must take into account all the attentive circumstances to arrive at a conclusion that the detenu, if not prevented by the detention order, would further commit such offences. Isolated incidents like this cannot be a subject matter for passing the detention order.

3. Taking note of the nature of offence, we are of the view that the impugned order has to be set aside. Accordingly, the impugned order is set aside. We order release of the detenu forthwith, provided, if he is not otherwise required in any case under law.

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

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

S.MANU JUDGE PR W.P.(Crl.)No.404 of 2024 ..5..

APPENDIX OF WP(CRL.) 404/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER NO DCKTM/8915/2023-H1 DATED 20.10.2023 ALONG WITH DOCUMENTS RECEIVED AS SUCH