Hasheem vs State Of Kerala

Kerala High Court

Hasheem vs State Of Kerala on 24 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
        FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                       WP(CRL.) NO. 505 OF 2024
PETITIONER/S:

            HASHEEM
            AGED 33 YEARS
            S/O BASHEER,
            KUTTIPARAMBIL VEEDU,
            ADIKKATT KULANGARA MURI,
            PALAMEL VILLAGE,
            MAVELIKKARA TALUK,
            ALAPPUZHA DISTRICT.,
            PIN - 689512
            BY ADVS.
            AJITH MURALI
            SWAPNA VIJAYAN
            MOHANAN M.K.


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE CHIEF SECTRATARY,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM.,
            PIN - 695001
    2       THE DEPUTY INSPECTOR GENERAL OF POLICE
            ERNAKULAM RANGE OFFICE,
            ERNAKULAM DISTRICT.,
            PIN - 682031
    3       THE SUPERINTENDENT OF POLICE
            ALAPPUZHA DISTRICT.,
            PIN - 688001
    4       THE STATION HOUSE OFFICER
            NOORANADU POLICE STATION,
            ALAPPUZHA DISTRICT., PIN - 690504
    5       THE STATION HOUSE OFFICER
            ADOOR POLICE STATION,
            PATHANAMTHITTA DISTRICT.,
            PIN - 691523
 WP(Crl.)No.505 of 2024
                                         2

        6          THE STATION HOUSE OFFICER
                   SASTHAMCOTTA POLICE STATION,
                   KOLLAM DISTRICT., PIN - 690521
                   BY SRI.K.A.ANAS, PUBLIC PROSECUTOR
          THIS       WRIT   PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(Crl.)No.505 of 2024
                                            3

                                  JUDGMENT

A.Muhamed Mustaque, J.

The petitioner questioning an externment order issued under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) has approached this Court. By the impugned order, the petitioner has been restrained from entering into the Alappuzha Revenue District for a period of one year from the date of execution. The petitioner already suffered six months externment. The petitioner is aged 33 years and the sole bread winner of his family.

Taking note of the fact that he has already suffered six months of externment, we are of the view that the operation of the impugned order can be modified confining the operation till today (24.05.2024). Thereafter, he shall report before the Station House Officer, Nooranadu Police Station on every Sunday at 11.00 a.m. for a period of three months.

This writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE Sd/-

S.MANU, JUDGE rkj WP(Crl.)No.505 of 2024 4 APPENDIX OF WP(CRL.) 505/2024 PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF THE ORDER NO.KAPPA

-16069/2023/ER ISSUED BY THE 2ND RESPONDENT DATED 16.10.2023.

Exhibit-P2 THE TRUE COPY OF THE ORDER DATED 20.12.2023 IN O.P.NO.130/2023 PASSED BY THE HONOURABLE ADVISORY BOARD, KAA(P)A.