Sreedhanya vs State Of Kerala
2024 Latest Caselaw 17164 Ker

Kerala High Court

Sreedhanya vs State Of Kerala on 20 June, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

WP(CRL.) NO. 577 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
         THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
                         WP(CRL.) NO. 577 OF 2024
PETITIONER/S:

             SREEDHANYA
             AGED 31 YEARS
             W/O BADUSHA, PALLISSERIKKAL, SASTHAMKOTTA, KOLLAM, PIN -
             690521

             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
             KOLLAM DISTRICT, PIN - 691013

     3       THE DISTRICT POLICE CHIEF
             KOLLAM RURAL, KOLLAM DISTRICT, PIN - 691001

     4       THE CHAIRMAN
             ADVISORY BOARD, KAAPA, SREENIVAS, PADAM ROAD, VIVEKANANDA
             NAGAR, ELAMAKKARA, ERNAKULAM DISTRICT, PIN - 682026

     5       THE SUPERINTENDENT OF JAIL
             CENTRAL JAIL, VIYYUR, THRISSUR DISTRICT, PIN - 670004

             BY ADVS.
             ADVOCATE GENERAL OFFICE KERALA
 WP(CRL.) NO. 577 OF 2024
                                  2

           ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
           ADDL. STATE PUBLIC PROSECUTOR(AG-28)



OTHER PRESENT:

           K A ANAS PUBLIC PROSECUTOR




     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 577 OF 2024
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                                  JUDGMENT

Dated this the 20th day of June 2024

A.Muhamed Mustaque, J.

Petitioner is the wife of the detenu. Detenu already

suffered a detention order. After earlier detention order, he is

alleged to have involved in a crime. The incident in the crime

occurred on 02.11.2023 in a Bar. However, the case was

registered only on 09.12.2023 and he was arrested on the

same day. Thereafter he was released on bail. The detention

order was passed on 31.01.2024.

2. Taking note of the incident referred in the crime, we

are of the view that if such a crime is reported very belatedly,

no proceedings should be initiated based on such a crime. The

belated registration of crime itself would show rooms for

suspicion as to the nature of involvement of a person, who is

ordered to be detained. It is not a matter where there was

delay in apprehending a person, who alleged to have

committed crime. It is a matter where the comission of offence

itself reported belatedly. While passing detention order, there

should be an application of mind as to the involvement of the

person ordered to be detained in a crime, and on being WP(CRL.) NO. 577 OF 2024

satisfied that he has actively involved and he would be a threat

to the society, the order of detention can be passed.

3. In a matter like this, when there is a room for doubt

as crime itself was reported belatedly, benefit should be given

to the person against whom proceedings are recommended for

detention.

4. We are of the view that based on the solitary

incident as above, there could not have been any proceedings

under the preventive detention law. These aspects have not

been considered by the detention authority. Therefore, we set

aside the detention order and order to release the detenu

forthwith, provided, he is not otherwise required in any other

case under law.

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

Sd/

A.MUHAMED MUSTAQUE JUDGE

sd/ S.MANU JUDGE jm/ WP(CRL.) NO. 577 OF 2024

APPENDIX OF WP(CRL.) 577/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF ORDER NO. DCKLM/16043/2023-M-16 DATED 31.01.2024 OF THE 2ND RESPONDENT

Exhibit P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ,DATED 15.03.2024

Exhibit P3 TRUE COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING THE RECEIPT OF EXT P2 BY THE 1ST RESPONDENT