Praveena vs State Of Kerala

Kerala High Court

Praveena 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. 369 OF 2024
PETITIONER:

           PRAVEENA, AGED 30 YEARS, W/O PRANAV,
           THIRUTHAMPADAM, AYYAPPANKUNNU, POTHUNDI,
           NENMARA, PALAKKAD, PIN - 680 653

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



RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY THE ADDITIONAL
          CHIEF SECRETARY TO GOVERNMENT, HOME AND
          VIGILANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM,, PIN - 695 001

    2     THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE,
          PALAKKAD DISTRICT, PIN - 678 001

    3     THE DISTRICT POLICE CHIEF
          PALAKKAD DISTRICT, PIN - 678 001

    4     THE CHAIRMAN, ADVISORY BOARD, KAAPA, SREENIVAS,
          PADAM ROAD, VIVEKANANDA NAGAR, ELAMAKKARA, PIN -
          682 026

    5     THE SUPERINTENDENT OF JAIL, CENTRAL JAIL,
          VIYYUR, PIN - 670 004

           BY ADVS.
 W.P.(Crl.)No.369 of 2024

                                  ..2..




           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.369 of 2024

                               ..3..




                    JUDGMENT

A. Muhamed Mustaque, J.

The petitioner is the wife of the detenu. The detenu is involved in ten crimes. The first of these crimes was registered in the year 2017. A detention order was passed under the Kerala Anti-Social Activities (Prevention) Act, 2007 in the year 2019 and that was revoked based on the advice of the KAAPA Advisory Board. Thereafter, it appears that he was involved in more than five crimes. The last prejudicial activity was on 22.08.2023, registered by Nenmara Police Station. On the same day, one more crime was registered at the instance of the police. The initial report was submitted on 27.10.2023. The detenu was in judicial custody from 28.03.2023 till 21.10.2023. After the initial report, an additional report was obtained on 10.01.2023. Thereafter, the detention order was passed on 01.02.2024.

2. We note the considerable delay in passing the detention order after initial report was submitted. If further W.P.(Crl.)No.369 of 2024 ..4..

report was required, that ought to have been obtained immediately after the submission of the initial report, but further report was obtained after two and a half months. The detention order cannot be used as a penal measure to punish a person. The purpose of the detention order is to prevent the repetition of commission of offence. Judicial custody itself is not a sufficient ground not to initiate proceedings under the KAAPA Act. Nevertheless, even after release on bail in a crime, immediate steps ought to have been taken under the KAAPA Act to detain a person. If not, the very object of the detention order will be lost.

3. The delay though attempted to be explained in this case stating that subsequent report was obtained in the month of January 2024, that explanation, according to us, is untenable in the light of the fact that the initial report was submitted as early as on 27.10.2023.

4. In such circumstances, we are of the view that the live-link between the last prejudicial activity and the detention order is snapped. Accordingly, the impugned order is set aside. The detenu is ordered to be released forthwith, provided, if he is not otherwise required in any other case W.P.(Crl.)No.369 of 2024 ..5..

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.369 of 2024 ..6..

                 APPENDIX OF WP(CRL.) 369/2024

PETITIONER EXHIBITS

Exhibit -P1            A    TRUE    COPY    OF  ORDER   NO.

DCPKD/13843/2023-S1 DATED 01.02.2024 OF THE 2ND RESPONDENT