Kerala High Court
Megha Anoop vs State Of Kerala on 9 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
WP(Crl.).No.57 OF 2021
PETITIONER:
MEGHA ANOOP, AGED 27 YEARS
W/O.ANOOP,'KUNNATH' HOUSE, U.C.COLLEGE P.O,
ALUVA, ERNAKULAM DISTRICT-680312.
BY ADVS.
SRI.P.K.VARGHESE
SRI.K.R.ARUN KRISHNAN
SMT.SANJANA RACHEL JOSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE,
CIVIL STATION, KAKKANAD, ERNAKULAM-682030.
3 DISTRICT POLICE CHIEF,
ERNAKULAM RURAL, ALUVA-683101.
4 STATION HOUSE OFFICER/INSPECTOR OF POLICE,
NORTH PARAVOOR POLICE STATION,
ERNAKULAM RURAL-683513.
5 SUPERINTENDENT,
CENTRAL PRISON, VIYYUR, THRISSUR-680010.
R1-5 BY SRI.K.A.ANAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09-
04-2021, THE COURT ON 09-04-2021 DELIVERED THE FOLLOWING:
WP(Crl.).No.57 OF 2021 2
JUDGMENT
Dated, this the 09th day of March, 2021
Vinod Chandran, J.
The petitioner is concerned with the preventive
detention of her husband as per Ext.P1 order dated
05.11.2020. Learned Counsel for the petitioner argues
that there is no proper application of mind while
passing the said order and there is no explanation
tendered as to why the conditions imposed in C.M.P.
No.1564 of 2020 by the J.F.C.M. Court-I, North Paravur
in Crime No.703 of 2020 is not sufficient to prevent
the detenu from involving any further crimes. Though
six cases have been considered in Ext.P1, three of them
do not affect public order or tranquility. The
Detaining Authority has not perused bail orders before
ordering preventive detention. Even the Sponsoring
Authority does not have a case that the conditions in
the bail orders in Crime Nos.671 of 2020 and 703 of
2020 of Nedumbassery and North Paravur Police Station
are not sufficient enough to restrain the detenu from
committing further criminal acts. The Government has
not considered Ext.P8 representation and like wise the
Board did not consider the representation submitted
before it. The order of the Government, confirming the
detention, was never served on the detenu. There is
also delay in passing the detention order from the last
prejudicial act.
2. Ext.P1 is the detention order passed on
05.11.2020. The crimes referred to in the detention
order for the purpose of preventive detention are six
in number and the details are the following:
(i) Kalady Police Station-Crime No.149/2014
under Sections 143,147,148,452,506(II),120(b),109,212,
307 r/w 149 IPC & 3(a) of Explosives Substance Act, S.7
r/w 27(2) of Arms Act.
(ii) Aluva West Police Station-Crime
No.196/2015 under S.9(B) 2 of the Explosives Act and 34
IPC.
(iii) North Paravur Police Station-Crime
No.1256/2019 under Sections 323,324 & 34 IPC.
(iv) North Paravur Police station-Crime
No.175/2020 under Sections 341,323,324,506,308 & 34
IPC.
(v) North Paravur Police Station-Crime
No.703/2020 under Sections 452,506(II),427 & 34 IPC.
(vi) Nedumbassery Police Station-Crime
No.671/2020 under Sections 450,395IPC.
3. All the crimes are against public order.
Crime No.196 of 2015, though filed on the complaint of
the Police, the allegations are with respect to
manufacturing and stocking dangerous explosive
substances and on detection of the same, the detenu,
who was the 1st accused in the said crime, was taken
into custody. Manufacturing and stocking dangerous
explosive substances affects public order, since its
use can cause wide spread damage to life, limb and
property and even accidents caused in manufacture and
storing of such substances could lead to such damages
being occasioned. All the six crimes within the span of
seven years bring the detenu under the definition of
'known goonda'.
4. The last prejudicial act committed by the
petitioner as seen from the order is Crime No.703 of
2020, which was on 13.06.2020. The detenu was arrested
and released on bail by Ext.P12 order dated 07.10.2020.
Ext.P12 order makes it obligatory for the petitioner to
appear before the Investigating Officer between 10 a.m.
and 5 p.m. on all Sundays for a period of six months.
This is sufficient to restrain the detenu and he has
not indulged in any further crimes, is the submission.
5. In fact, we see a detailed explanation
having been recorded by the Detaining Authority for the
detention of the petitioner despite the conditions in
the bail order. Though the last prejudicial act was on
13.06.2020, he was arrested on 03.07.2020 in Crime
No.671 of 2020 of Nedumbasseri Police Station. He was
in remand in the said case till 05.10.2020, on which
day, he was granted statutory bail. However, by that
time Crime No.703 of 2020 had been registered on
14.06.2020, in which the detenu was arrested on
05.10.2020. The order dated 07.10.2020 releasing the
detenu on bail is in Crime No.703 of 2020. Hence after
the last prejudicial act on 13.06.2020, the detenu was
in judicial custody from 15.06.2020 to 05.10.2020.
6. Immediately after the release of the detenu
from judicial custody on 23.10.2020, the Sponsoring
Authority had recommended his detention under the
Kerala Anti-Social Activities (Prevention) Act, 2007
[KAAPA] as per Ext.P5. The Detaining Authority, with
alacrity, passed Ext.P2 order on 05.11.2020. The
detention order was also passed keeping in mind the
criminal antecedents of the detenu and the frequency
with which he indulged in the same. In fact it should
be noticed that the crime registered as Crime No.149 of
2014 against the detenu is one in which he had
conspired with others to attack a Jail Warden for
reason of obstructing illegal activities carried on by
him when he was inside the prison. The detenu is a
habitual offender and the delay has been reasonably
explained. The Sponsoring Authority had not initiated
proceedings immediately after the last prejudicial act,
since the detenu was already in custody. When he was
released on statutory bail, he was arrested in the
crime registered as against the last prejudicial act.
Immediately after his release on bail in that crime,
the Sponsoring Authority had recommended preventive
detention, which explanation was accepted by the
Detaining Authority.
7. The Government and the Advisory Board had
considered the representations filed. The order of the
Government has been served on the detenu and
acknowledgment received as seen from the records.
We find no reason to interfere with the order
passed by the Detaining Authority and we reject the
writ petition.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
M.R.ANITHA
JUDGE
sp/09/04/2021
//True Copy//
P.A. To Judge
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER OF DETENTION
NO.DCEKM/9313/2020/M7 ISSUED BY THE 2ND
RESPONDENT DATED 05/11/2020 UNDER SECTION
3(1)OF KERALA ANTI-SOCIAL ACTIVITIES
(PREVENTION)ACT 2007
EXHIBIT P2 TRUE COPY OF THE GROUNDS OF DETENTION DATED
05/11/2020 IN DCEKM/9313/2020/M7
EXHIBIT P3 TRUE COPY OF THE MEMO FOR EXECUTING ORDER
NO.DCEKM/9313/2020/M ISSUED BY THE 2ND
RESPONDENT DATED 05/11/2020
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE 5TH RESPONDENT DATED 07/11/2020
EXHIBIT P5 TRUE COPY OF THE REPORT NO.729/CAMP/2020/ER
SUBMITTTED TO THE 2ND RESPONDENT BY THE 3RD
RESPONDENT DATED 23.10.2020
EXHIBIT P6 TRUE COPY OF THE REPORT DATED 22/10/2020 OF
THE 4TH RESPONDENT
EXHIBIT P7 TRUE COPY OF REPRESENTATION SUBMITTTED BY
THE PETITIONER BEFORE THE ADVISORY
BOARD,KAAPA DATED 10/11/2020
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER TO THE 1ST RESPONDENT
DATED 10/11/2020
EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 01/07/2020
IN B.A.NO.3494/2020 OF THIS HONOURABLE
COURT
EXHIBIT P10 TRUE COPY OF THE COMMUNICATION
NO.358/CAMP/2020/E DATED 18/06/2020
EXHIBIT P11 TRUE COPY OF REPORT SUBMITTED BY THE 4TH
RESPONDENT DATED 22/10/2020
EXHIBIT P12 TRUE COPY OF ORDER IN CMP NO.1564/2020 IN
CRIME NO.703/2020 OF NORTH PARAVOOR POLICE
STATION DATED 07/10/2020 OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-I,NORTH
PARAVOOR
EXHIBIT P13 TRUE COPY OF THE ORDER PASSED BY THE
JUDICIAL FIRST CLASS MAGISTRATE
COURT,ANGAMALY IN CMP NO.1380/2020 IN CRIME
NO.671/2020 OF NEDUMBASSERY POLICE
STATION,DATED 01/10/2020
EXHIBIT P14 TRUE COPY OF ROWDY SHEET OF THE DETENUE
SUBMITTED BY THE SUB INSPECTOR OF
POLICE,NORTH PARAVOOR POLICE STATION TO THE
DEPUTY SUPERINTENENT OF POLICE,ALUVA AS
SUPPLIED TO THE DETENUE
EXHIBIT P15 TRUE COPY OF ORDER NO.(HOME)-
S.S.A.5/121/2020-HOME DATED 11/01/2021
PASSED BY THE 1ST RESPONDENT.
EXHIBIT P16 A TRUE COPY OF G.O.(RT) NO.83/2021/ HOME
DATED 8/1/2021
