Ramya K.R vs State Of Kerala
2024 Latest Caselaw 15667 Ker

Kerala High Court

Ramya K.R vs State Of Kerala on 6 June, 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 MRS. JUSTICE SHOBA ANNAMMA EAPEN
    THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                    WP(CRL.) NO. 444 OF 2024
PETITIONER/S:
          RAMYA K.R
          AGED 36 YEARS
          W/O ROJAN MATHEW,
          KIZHAKKE KALAKKETTY,
          KONDOOR, KOTTAYAM,
          PIN - 686508
          BY ADVS.
          M.H.HANIS
          P.M.JINIMOL
          T.N.LEKSHMI SHANKAR
          NANCY MOL P.
          ANANDHU P.C.
          NEETHU.G.NADH
          CIYA E.J.


RESPONDENT/S:


    1     STATE OF KERALA
          REPRESENTED BY THE ADDITIONAL CHIEF
          SECRETARY TO GOVERNMENT,
          HOME AND VIGILANCE DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM,
          PIN - 695001
    2     THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE
          KOTTAYAM DISTRICT,
          PIN - 691013
    3     THE DISTRICT POLICE CHIEF
          DISTRICT POLICE OFFICE,
          COLLECTRATE P.O,
          KOTTAYAM, PIN - 686002
    4     THE CHAIRMAN
          ADVISORY BOARD, KAAPA,
          SREENIVAS, PADAM ROAD,
          VIVEKANANDA NAGAR,
          ELAMAKKARA, PIN - 682026
 WP(Crl.)No.444 of 2024
                                           2

        5          THE SUPERINTENDENT OF JAIL
                   CENTRAL JAIL, VIYYUR, PIN - 670004
                   BY ADVS.
                   ADVOCATE GENERAL OFFICE KERALA
                   ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
                   ADDL. STATE PUBLIC PROSECUTOR(AG-28)
                   SRI.K.A.ANAS, PUBLIC PROSECUTOR
            THIS    WRIT    PETITION     (CRIMINAL)   HAVING    COME   UP   FOR
ADMISSION            ON    06.06.2024,    THE   COURT   ON     THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(Crl.)No.444 of 2024
                                                3



                                   JUDGMENT

A.Muhamed Mustaque, J.

The petitioner is the wife of the detenu. The

petitioner challenges the detention order under the Kerala

Anti-Social Activities (Prevention) Act, 2007. The detenu is

involved in the following seven crimes;

Sl. Police Station Crime No. Offences No. 1 Kottayam Railway Police 134/2017 U/s.380 IPC Station 2 Gandhinagar Police 980/2018 U/s.20(b)(ii)A of Station NDPS Act 3 Gandhinagar Police 1455/2021 U/s.143, 147, 148, Station 294(b), 506(i), 323, 324, 308, 427, 328 and 201 R/w 149 IPC 4 Ettumanoor Police Station 1444/2021 U/s.395 IPC 5 Excise Range Office, 74/2022 U/s.20(b)(ii)B of Palakkad NDPS Act.

        6      Erattupetta Police Station        594/2023       U/s.15(4) r/w.19 of
                                                                the    Kerala Anti
                                                                Social     Activities
                                                                (Prevention)    Act,

        7      Kuruvilangad               Police 1484/2023 U/s.367, 324, 307,
               Station                                     294(b),    506(ii),
                                                           120(b) and 34 of
                                                           IPC

2. The last prejudicial activity in this case was

on 18.10.2023. The detention order was passed on

15.01.2024. The detenu was in judicial custody from

11.11.2023. He was released on 14.12.2023.

3. The learned counsel for the petitioner would

submit that the last crime arose out of money transaction

and that cannot be reckoned for passing detention order.

4. We perused the last crime. We note that

the nature of involvement of the detenu and the nature of

the crime committed by him. Though it may have arisen

out of money transaction, it is seen that offences under

Sections 367, 327 and 307 IPC were registered against

him. The other cases would also show that the nature of

his involvement and the nature of the activities. All these

would clearly establish the petitioner continues to pose a

threat to the society. If such activities amount to threat to

the society, it necessarily can be concluded that public

order is vitiated.

We find no reason to interfere with this matter.

This writ petition (Crl.) fails and it is, accordingly,

dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE rkj

APPENDIX OF WP(CRL.) 444/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF ORDER NO.

DCKTM/11776/2023-H1 DATED 15.01.2024 OF THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF G.O.(RT).NO.

748/2024/HOME DATED 13.03.2024 OF THE 1ST RESPONDENT Exhibit P3 A TRUE COPY OF THE ORDER NO.HOME-

SSA5/55/2024-HOME DATED 23.01.2024 OF THE 1ST RESPONDENT