Kerala High Court
Biju vs State Of Kerala on 3 July, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
WP(CRL.) NO. 696 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
WP(CRL.) NO. 696 OF 2024
PETITIONER/S:
BIJU
AGED 48 YEARS
S/O.CHINNAN, KOLADY HOUSE, MARATHANKODE DESOM,
CHIRAMANANGAD VILLAGE, THRISSUR, PIN - 680604
BY ADVS.
C.A.CHACKO
C.M.CHARISMA
BABU V.P.
VISHNU S. MULLAPPALLY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE CHAIRMAN
ADVISORY BOARD, KERALA ANTI SOCIAL ACTIVITIES (PREVENTION)
ACT, PADOM ROAD, ELAMAKKARA, ERNAKULAM, KOCHI, PIN - 682026
3 THE DEPUTY INSPECTOR GENERAL OF POLICE
THRISSUR RANGE, THRISSUR, PIN - 680010
4 THE DISTRICT POLICE CHIEF
THRISSUR CITY, THRISSUR, PIN - 680631
SRI.ANAS (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 696 OF 2024
2
JUDGMENT
Dated this the 3rd day of July 2024
A.Muhamed Mustaque, J.
Challenging an order of externment issued under the
provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007
petitioner has approached this Court. The order was passed on
16.04.2024. The period of externment is one year. By the impugned
order, petitioner has been restrained from entering into the Thrissur
Revenue District. It is to be noted that three cases has been
registered against the petitioner by the Kunnamkulam Police station.
2. Learned Counsel for the petitioner submitted that he has
been falsely implicated in cases because of the enmity with the
Police Officer. The cases registered by the Kunnamkulam is as
follows:
Sl.No. Crime No. Police Station Offences involved
Under sections
1 922/2019 Kunnamkulam U/s 447,427,506,308 IPC
2 551/2023 Kunnamkulam U/s 354, 354A(1)(i), 354 A(1)(ii),
354 (1)(iv), 354 D, 509 IPC
3 1690/2023 Kunnamkulam U/s 341, 447, 354A(1)(iii)(iv), 354
A (1) (IV), 201 IPC
WP(CRL.) NO. 696 OF 2024
3. All these cases has has been registered in the year 2019
and 2023 and the allegation is that petitioner has exhibited his
nudity and abused the defacto complainant.
4. Taking note of the nature of offences committed, petitioner
has been ordered to be restrained from entering into the Thrissur
Revenue District for a period of one year. This was reduced to 11
months by the Advisory Board.
5. While passing an externment order and also placing
restriction, there should be an application of mind as to the nature
of offence committed by the externee. Taking note of the nature of
offences committed, we are sure that the maximum period imposed
by the authority concerned is not proportionate. The purpose of
externment order is to ensure that such offence are not repeated in
the locality, where such an incident have been reported.
6. The nature of allegations as such itself do not indicate
that such a longer period of externment order is required to be
imposed on the petitioner. Petitioner is having a family and a grown
up girl child. We do not know the circumstances under which such
incident had occurred. We cannot recognise the allegation made
against the Police Officer with whom petitioner had issues and
disputes. Petitioner also lodged a complaint before the Magistrate
against the Police Officer.
WP(CRL.) NO. 696 OF 2024
7. Taking note of the facts and circumstances, we are of
the view that the operation of the impugned order can be confined
till 22.07.2024. Thereafter, petitioner shall report before the A.C.P
Office, Kunnamkulam on every sunday at 11 am for a further period
of two months.
This writ petition is disposed of as above.
Sd/
A.MUHAMED MUSTAQUE
JUDGE
sd/
S.MANU
JUDGE
jm/
WP(CRL.) NO. 696 OF 2024
APPENDIX OF WP(CRL.) 696/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF ORDER NO.B3-6350/2024/TSR DATED
3/4/2024 ISSUED BY 3RD RESPONDENT
Exhibit P2 TRUE COPY OF ORDER NO.B3-6350/2024/TSR DATED
16/4/2024 ISSUED BY 3RD RESPONDENT
Exhibit P3 TRUE COPY OF ORDER DATED 31/5/2024 ISSUED BY
2ND RESPONDENT
Exhibit P4 TRUE COPY OF MEDICAL REPORT RECEIVED FROM TALUK
HEADQUARTERS HOSPITAL, CHAVAKKAD DATED
17/12/2023
Exhibit P5 TRUE COPY OF MEDICAL REPORT RECEIVED FROM GOVT.
MEDICAL COLLEGE HOSPITAL, THRISSUR DATED
22/12/2023
Exhibit P6 TRUE COPY OF PETITIONER'S DEPOSITION DATED
2/2/2024 IN CMP.NO.6976/2023
