Hadhilsha @Aadhilsha vs State Of Kerala
2024 Latest Caselaw 9758 Ker

Kerala High Court

Hadhilsha @Aadhilsha vs State Of Kerala on 4 April, 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 M.A.ABDUL HAKHIM

         THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946

                            WP(CRL.) NO. 370 OF 2024

PETITIONER/S:

             HADHILSHA @AADHILSHA
             AGED 27 YEARS
             S/O SALIM, SRAMBIKKAL HOUSE, VALLAM KARA, CHELAMATTAM VILLAGE,
             ERNAKULAM DISTRICT., PIN - 683543

             BY ADV AJEESH M UMMER



RESPONDENT/S:

     1       STATE OF KERALA
             REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, HOME
             DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN -
             695001

     2       THE DEPUTY INSPECTOR GENERAL OF POLICE
             ERNAKULAM RANGE, ERNAKULAM., PIN - 682031

     3       SUPERINTENDENT OF POLICE
             ERNAKULAM RURAL, ALUVA., PIN - 683101

     4       STATION HOUSE OFFICER
             PERUMBAVOOR POLICE STATION ,ERNAKULAM RURAL, ALUVA., PIN -
             683542
             P.P. SRI. K.A.ANAS

      THIS   WRIT   PETITION   (CRIMINAL)   HAVING   COME   UP   FOR   ADMISSION   ON

04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl)No.370/2024
                                   2




                              JUDGMENT

A.MUHAMED MUSTAQUE, J.

The petitioner challenges an externment order passed

under the Kerala Anti-Social Activities (Prevention) Act, 2007

(for short, 'KAAPA'), by which, the petitioner is restrained from

entering to the limits of District Police Chief (Rural),

Ernakulam.

2. The petitioner is aged only 27 years. He already

suffered an externment order for a period of six months from

04.11.2024 onwards. He is the only breadwinner of his family.

3. Having considered the fact that the petitioner has

already undergone six months' externment and he is only 27

years old, we confine the operation of the impugned order till

today. Hereafter, the petitioner shall report before the Station

House Officer, Perumbavoor on every Sunday at 11. 00 a.m for

a further period of two months.

This writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

M.A.ABDUL HAKHIM JUDGE shg/-

APPENDIX OF WP(CRL.) 370/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE ORDER NO KAAPA-17436/2023/ER DATED 04.11.2023

EXHIBIT P2 A TRUE COPY OF THE PROPOSAL WITH DOCUMENTS ATTACHED TO IT DATED 23.09.2023