Vibeesh vs State Of Kerala
2024 Latest Caselaw 16217 Ker

Kerala High Court

Vibeesh vs State Of Kerala on 10 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
 MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
                   WP(CRL.) NO. 515 OF 2024
  CRIME NO.1961/2023 OF Ernakulam North Police Station,
                           Ernakulam
PETITIONER:

           VIBEESH, AGED 40 YEARS, S/O SEKHARAN,
           KATTUPRAMBIL HOUSE, PARAMARA ROAD, ERNAKULAM,
           NOW RESIDING AT KATTUPRAMBIL HOUSE, UMRA 31,
           UNICHIRA, ERNAKULAM, PIN - 682 033

           BY ADVS.
           C.Y.VINOD KUMAR
           C.ANILKUMAR (KALLESSERIL)
           P.M.MANASH



RESPONDENTS:

    1       STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF
            SECRETARY HOME DEPARTMENT, SECRETARIATE,
            THIRUVANANTHAPURAM, PIN - 695 001

    2       DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD,
            ERNAKULAM, PIN - 682 030

    3       INSPECTOR GENERAL AND COMMISSIONER OF POLICE
            KOCHI CITY, MARINE DRIVE, ERNAKULAM, PIN - 682
            031

    4       INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE
            STATION, ERNAKULAM, PIN - 682 018

            BY ADVS.
            ADVOCATE GENERAL OFFICE KERALA
            ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
            ADDL. STATE PUBLIC PROSECUTOR(AG-28)
 W.P.(Crl.)No.515 of 2024

                                 ..2..



           K.A. ANAS       PUBLIC PROSECUTOR




      THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY
HEARD ON 10.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(Crl.)No.515 of 2024

                              ..3..




                    JUDGMENT

Shoba Annamma Eapen, J

The petitioner has approached this Court challenging

Ext.P1 order of externment. As per Ext.P1, the petitioner is

restrained from entering into the jurisdiction of Kochi City

Deputy Commissioner of Police (Law & Order) for a period of

one year. The petitioner is involved in four cases.

2. On a perusal of the records, it is seen that in the

year 2019, the petitioner committed two crimes and the third

crime was committed in the year 2023 and the order was

passed on 27.02.2024.

3. The learned counsel for the petitioner also submits

that the petitioner is having a child of five and a half years,

suffering from down syndrome and the child requires medical

treatment as well as speech therapy on alternate days. His

father is also a cancer patient, who needs care and support.

Since the petitioner is out of the Kochi City jurisdiction, he is

not in a position to give proper treatment to his child as well

..4..

as his father.

4. Considering the facts and circumstances of the case

and also considering the fact that the petitioner had undergone

externment for a period of almost four months, we are of the

opinion that the externment order can be confined till today

(10.06.2024). The petitioner shall report before the Station

House Officer, Ernakulam Town North Police Station every

Sunday at 11 am for a period of two months.

5. If there is any violation in the condition as above,

the respondent shall be at liberty to proceed against the

petitioner in accordance with law.

This W.P.Crl. is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE PR

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APPENDIX OF WP(CRL.) 515/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO.

13(B)/CAMP/24-E.C DATED 27/02/24 ISSUED BY THE 3RD RESPONDENT

Exhibit P2 A COPY OF THE ORDER IN OP NO 39/24 DATED 09/4/24 ISSUED BY THE ADVISORY BOARD UNDER THE KAAPA ACT

Exhibit P3 A COPY OF THE CERTIFICATE DATED 24/4/24 ISSUED FROM ALFA PEDIATRIC REHABILITATION AND CHILD DEVELOPMENT CENTRE, KALAMASSERY, ERNAKULAM

Exhibit P4 A COPY OF THE CERTIFICATE DATED 29/4/24 ISSUED FROM THE CARITAS HOSPITAL