Rajan.P.V vs State Of Kerala

Kerala High Court

Rajan.P.V vs State Of Kerala on 21 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
 TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                   WP(CRL.) NO. 500 OF 2024
PETITIONER:

          RAJAN.P.V, AGED 58 YEARS, S/O. VASU, POTTEKKATT
          HOUSE, NAMASTHEPURAM DESOM, KOZHUKKULLY VILLAGE,
          MANNUTHY.P.O, THRISSUR DISTRICT, PIN - 680 652

          BY ADV K.M.MUHAMMED HUSSAIN



RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL
          CHIEF SECRETARY, HOME DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM-, PIN - 695 001

    2     THE DISTRICT COLLECTOR/DISTRICT MAGISTRATE,
          THRISSUR
          AYYANTHOLE, THRISSUR DISTRICT, PIN - 680 003

    3     THE DISTRICT POLICE CHIEF/CITY POLICE
          COMMISSIONER,
          THRISSUR CITY, THRISSUR DISTRICT, PIN - 680 003

    4     THE ASSISTANT CITY POLICE COMMISSIONER,
          OLLUR , THRISSUR DISTRICT, PIN - 680 303

    5     THE STATION HOUSE OFFICER, MANNUTHY, POLICE
          STATION, THRISSUR DISTRICT, PIN - 680 306

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

           K.A.ANAS   PUBLIC PROSECUTOR
 W.P.(Crl.)No.500 of 2024

                           ..2..




      THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY
HEARD ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(Crl.)No.500 of 2024

                                ..3..




                    JUDGMENT

A. Muhamed Mustaque, J.

The petitioner is the father of the detenu. The detenu is aged 24 years. The detenu is detained invoking the provisions of the Kerala Anti-social Activities (Prevention) Act, 2007. He is involved in four cases. Three cases were considered for passing the detention order. The last case was also a gruesome murder of an elderly person on a mere provocation arose out of an incident in a DJ party. The last incident was on 30.08.2023. He was apprehended on 31.08.2023. Since then, he is under judicial custody. The reports were submitted on 29.11.2023, 6.12.2023 and 26.12.2023. Thereafter, the detention order was passed on 08.01.2024.

2. The learned counsel for the petitioner vehemently argued that there is a delay of more than four months in passing the detention order. The delay has not been explained and the impugned order has to be set aside.

3. We considered the impugned order in detail. The delay has been explained in the impugned order itself. It is to be noted that the detenu is under judicial custody. It is not W.P.(Crl.)No.500 of 2024 ..4..

necessary in every case that the authority should rush to invoke the proceedings under the KAAPA Act. If the detenu is under judicial custody, the authority should take into account all the circumstances to find out whether there is any need to pass an order under the KAAPA Act. The nature of offence, gravity and impact are all relevant factors while passing such an order invoking provisions under the KAAPA Act.

There are no laches to hold that the live-link between the last prejudicial activity and the order of detention is snapped. It is to be noted that the authorities were bound to obtain reports and sought further reports from the sponsoring authority which perhaps resulted in some delay in passing the order. Anyway, we cannot say that the delay as such would defeat the very objective of the detention order. Therefore, the W.P.Crl. is failed and accordingly, dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

S.MANU JUDGE PR W.P.(Crl.)No.500 of 2024 ..5..

APPENDIX OF WP(CRL.) 500/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE DETENTION ORDER NO. DCTSR/12814/2023/C1 DATED 08-01- 2024 PASSED BY THE 2 ND RESPONDENT Exhibit P2 THE TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE 5 TH RESPONDENT BEFORE THE 3 RD RESPONDENT DATED 14- 10-2023 Exhibit P3 THE TRUE COPY OF THE REPORT SUBMITTED BY THE 4 TH RESPONDENT BEFORE THE 3 RD RESPONDENT DATED 31-10-2023 Exhibit P4 THE TRUE COPY OF THE REPORT SUBMITTED BY THE 3 RD RESPONDENT BEFORE THE 2 ND RESPONDENT DATED 29-11-2023 Exhibit P5 THE TRUE COPY APPROVAL ORDER PASSED BY THE 1 ST RESPONDENT DATED 24-01-2024 Exhibit P6 THE TRUE COPY OF ORDER PASSED BY THE 1 ST RESPONDENT DATED 21-03-2024 Exhibit P7 TRUE COPY OF THE ORDER OF SESSION'S JUDGE, THRISSUR IN CRL.MC.107/2024 DATED 12-02-2024