Babukuttan K D vs State Of Kerala
2023 Latest Caselaw 8540 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                   &
             THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
        MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                        WP(CRL.) NO. 694 OF 2023
PETITIONER/S:

            BABUKUTTAN K D
            AGED 52 YEARS
            SON OF DHANAPALAN, KANIYAMPARAMBIL HOUSE, AANAVACHAL,
            KUMILY POST, IDUKKI, PIN - 685509
            BY ADVS.
            DENIZEN KOMATH
            ANANTHU ARAVIND
            MARIYA ANTONY


RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
            695001
    2       ADDITIONAL CHIEF SECRETARY
            HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001
    3       DISTRICT COLLECTOR/DISTRICT MAGISTRATE
            CIVIL STATION, KUILI MALA, PAINAVU.P.O, IDUKKI, PIN -
            685603
    4       DISTRICT POLICE CHIEF
            IDUKKI DISTRICT, IDUKKI TOWNSHIP, IDUKKI, PIN - 685603
    5       THE CHAIRMAN
            ADVISORY BOARD, KAAPA, SRINIVAS, PADAM ROAD,
            VIVEKANANDA NAGAR, ELAMAKKARA, ERNAKULAM, PIN - 682026
            BY ADVS.
            ADVOCATE GENERAL OFFICE KERALA
            ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
            ADDL. STATE PUBLIC PROSECUTOR(AG-28)


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 694 OF 2023
                              2


                           JUDGMENT

Dated this the 7th day of August, 2023

A.MUHAMED MUSTAQUE (J)

This writ petition was filed challenging a

detention order.

2.The learned Government Pleader under the KAAP

Act placed an order before us passed by the Government

dated 02.08.2023, revoking detention order based on

the recommendation of the Advisory Board.

The writ petition is closed accordingly, recording

the above submission.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

MOHAMMED NIAS C.P.

JUDGE

SJ WP(CRL.) NO. 694 OF 2023

APPENDIX OF WP(CRL.) 694/2023

PETITIONER EXHIBITS EXHIBIT-P1 TRUE PHOTOCOPY OF THE KAA(P)A PROPOSAL OF 4TH RESPONDENT WITH RESPECT TO THE PETITIONER'S SON'S DETENTION EXHIBIT-P2 TRUE PHOTOCOPY OF THE CHECK REPORT SUBMITTED BY SPONSORING AUTHORITY IN RESPECT OF PETITIONER'S SON EXHIBIT-P3 TRUE PHOTOCOPY OF FIR IN CRIME NUMBER 19/23 OF KUMILY POLICE STATION EXHIBIT-P4 TRUE PHOTOCOPY OF REPORT SUBMITTED BY SHO, KUMILY POLICE STATION BEFORE IDUKKI SUB DIVISIONAL MAGISTRATE COURT UNDER SECTION 107 CR PC, EXHIBIT-P5 TRUE PHOTOCOPY OF ROWDY HISTORY SHEET OF THIS PETITIONER'S SON EXHIBIT-P6 TRUE PHOTOCOPY OF PRIMARY REPORT OF SHO KUMILYPOLICE STATION ISSUED IN THE MATTER OF PETITIONER'S SON BLESSON EXHIBIT-P7 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT PREVENTING AND DETAINING THE DETENUE UNDER SECTION 3(1) OF THE KERALA ANTI-SOCIAL ACTIVITIES (PREVENTION) ACT, 2007 DATED 06.06.2023 EXHIBIT 8 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 10.03.2023 EXHIBIT-P9 TRUE PHOTOCOPY OF THE RECEIPT OF ACCEPTANCE OF EXHIBIT P-8 BY THE 4TH RESPONDENT EXHIBIT 10 TRUE PHOTOCOPY OF THE REQUEST FOR REVOCATION OF DETENTION SUBMITTED BY THE PETITIONER BEFORE THE 2ND AND 5TH RESPONDENTS HEREIN DATED 27.06.2023 EXHIBIT-P11 TRUE PHOTOCOPY OF POSTAL RECEIPT