Omana vs State Of Kerala

Kerala High Court

Omana 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. 361 OF 2024
PETITIONER:

          OMANA, AGED 48 YEARS, W/O A. AYYAPPAN, LAKSHMI
          HOUSE, KOTTAKULAM, MARAYOOR, MARAYOOR P.O.,
          IDUKKI DISTRICT, PIN - 685 620

          BY ADVS.
          P.MOHAMED SABAH
          LIBIN STANLEY
          SAIPOOJA
          SADIK ISMAYIL
          GAYATHRI R.
          M.MAHIN HAMZA
          RAYEES P.
          ALWIN JOSEPH
          BENSON AMBROSE



RESPONDENTS:

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

    2     THE DISTRICT MAGISTRATE, IDUKKI DISTRICT, CIVIL
          STATION, PAINAVU, PIN - 685 603

    3     THE DISTRICT POLICE CHIEF, IDUKKI , IDUKKI
          DISTRICT, PIN - 685 602

    4     THE SUPERINTENDENT, CENTRAL PRISON, KANNUR,
          KANNUR DISTRICT, PIN - 670 005

           BY ADVS.
           ADVOCATE GENERAL OFFICE KERALA
           ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
 W.P.(Crl.)No.361 of 2024

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           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.361 of 2024

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                     JUDGMENT

A. Muhamed Mustaque, J.

The petitioner is the mother of the detenu. This is the second detention order passed against the detenu. The detenu is ordered to be detained for a period of one year. The detention order was passed on 13.12.2023. The last prejudicial activity was on 24.07.2023. The detenu was booked for offences under Sections 324 and 326 of the Indian Penal Code.

2. It appears that he has been involved in two crimes since the first detention order was passed. He was released after suffering the earlier detention order in the month of April 2023. It is to be noted that the last prejudicial activity was on 24.07.2023 and the detention order was passed only on 13.12.2023, resulting a delay of four months and nineteen days. The delay has not been properly explained in this matter. If the delay is not properly explained, it would frustrate the very objective of the detention order, as the live- W.P.(Crl.)No.361 of 2024

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link between the last prejudicial activity and the date of detention order would be snapped.

3. In the light of the fact that there is no explanation regarding delay in passing the detention order, we set aside the detention order and order to release the detenu forthwith, provided, if he is not otherwise required in any other 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.361 of 2024 ..5..

APPENDIX OF WP(CRL.) 361/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPORT DATED 13.11.2023 SUBMITTED BY THE RESPONDENT NO.3 BEFORE THE RESPONDENT NO.2 Exhibit P2 TRUE COPY OF THE DETENTION ORDER DATED 13.12.2023 PASSED BY THE RESPONDENT NO.2 Exhibit P3 TRUE COPY OF THE REASONS RECORDED FOR PASSING EXHIBIT P2 DETENTION ORDER DATED 13.12.2023 Exhibit P4 TRUE COPY OF THE ORDER DATED 14.02.2024 PASSED BY RESPONDENT NO.1 Exhibit P5 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 172/2018 OF MARAYOOR POLICE STATION Exhibit P6 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.205/2019 OF MARAYOOR POLICE STATION Exhibit P7 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 583/2020 OF MARAYOOR POLICE STATION Exhibit P8 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 380/2021 OF MARAYOOR POLICE STATION Exhibit P9 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 151/2022 OF MARAYOOR POLICE STATION Exhibit P10 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 264/2023 OF W.P.(Crl.)No.361 of 2024 ..6..

MARAYOOR POLICE STATION Exhibit P11 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 374/2023 OF MARAYOOR POLICE STATION