Kerala High Court
Aneesh M.V vs The State Of Kerala on 27 March, 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
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(CRL.) NO. 283 OF 2024
PETITIONER:
ANEESH M.V, AGED 34 YEARS, SON OF VISHWAMBARAN,
MADATHIPARAMBIL HOUSE, NEENDOOR P.O., KAIPUZHA,
KOTTAYAM DISTRICT, KERALA, PIN - 686 601
BY ADVS.
IRFAN ZIRAJ
P.M.ZIRAJ
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
2 THE DISTRICT COLLECTOR/MAGISTRATE, KOTTAYAM,
COLLECTORATE P.O., KOTTAYAM, KERALA, PIN - 686 002
3 THE DISTRICT POLICE CHIEF, KOTTAYAM
COLLECTORATE, KOTTAYAM, KERALA, PIN - 686 002
4 ADVISORY BOARD CONSTITUTED UNDER SECTION 8 OF THE
KERALA ANTI SOCIAL ACTIVITIES (PREVENTION) ACT 2007
REPRESENTED BY ITS SECRETARY
"SREENIVAS", VIVEKANANDA ROAD, PADAM ROAD,
ELAMAKKARA, KOCHI, PIN - 682 724
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 BEEN FINALLY HEARD
ON 27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.)No.283 of 2024
..2..
JUDGMENT
A. Muhamed Mustaque, J.
This writ petition was filed by the brother of the detenu.
The detenu is detained invoking provisions under the Kerala
Anti-Social Activities (Prevention) Act, 2007 (for short "KAAPA
Act"). The following six cases were taken for consideration to
pass order under the KAAPA Act.
Sl. Police Station Crime No. Offences
No
.
1 Ettumanoor Police 549/2017 U/s. 323, 324, 341,
Station 326, 307 r/w 34 of IPC
2 Ettumanoor Police 137/2018 U/s.452, 429, 427 r/w
Station 34 of IPC and
Sec.11(1) of the
Prevention of Cruelty
to Animals Act.
3 Ettumanoor Police 07/2023 U/s. 342, 354, 354 (A)
Station (1)(1), 376(2)(f) of
IPC
4 Ettumanoor Police 09/2023 U/S. 294(b), 506(ii),
Station 332 of IPC
5 Gandhinagar Police 1363/2023 U/S.294(b), 506(i) of
..3..
Station IPC
6 Gandhinagar Police 1525/2023 U/S.308 of IPC
Station
2. According to the petitioner, in the first crime, the
detenu was acquitted. The second crime is in the nature of
law and order and the third crime arose out of family dispute.
It is further argued that in the fourth and fifth crimes, the
offences registered against the detenu are only under
Sections 294 and 506 of the Indian Penal Code. It is
submitted that going by the nature of allegations against the
detenu, it is clear that absolutely no case is made out to pass a
detention order under the KAAPA Act. The learned counsel
for the petitioner submits that the nature of allegations ought
to have been examined in each case before arriving at the
subjective satisfaction to invoke provisions under the KAAPA
Act. The learned counsel for the petitioner relied on the
judgment of this Court in Luciya Francis v. State of Kerala
[2023 (6) KLT 337].
3. We perused the allegations. Merely for the reason
that the detenu was acquitted in a crime that does not mean
that the proceedings under the KAAPA Act will become
..4..
redundant. The allegations and proclivity to repeat an offence
are basis for the subjective satisfaction. Coupled with other
crimes committed, the detaining authority arrived at a
conclusion that the detenu is a threat to the public order. It
may be true that one of the offences is within the family circle.
That offence when taken up with other offences would clearly
establish that the detenu is a threat to the society.
In such circumstances, we are of the view that no
interference is warranted in the impugned order. The writ
petition fails, and accordingly, dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
M.A.ABDUL HAKHIM
JUDGE
PR
..5..
APPENDIX OF WP(CRL.) 283/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE
ORDER NO. DCKTM 10647/2023-H1 DATED
16.12.2023 ISSUED BY THE SECOND
RESPONDENT
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED
07.02.2024 IN SC NO.105 OF 2018
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION
DATED 20.01.2024FILED BY THE DETENUE
BEFORE THE ADVISORY BOARD CONSTITUTED
UNDER THE PROVISIONS OF THE KERALA
ANTI-SOCIAL ACTIVITIES (PREVENTION)
ACT 2007
Exhibit P4 THE TRUE COPY OF THE ORDER DATED
01.03.2024 BEARING NO.GO(RT)
NO.632/2024/HOME PASSED BY FIRST
RESPONDENT
