Kerala High Court
Betty John vs State Of Kerala on 20 May, 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 S.MANU
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
WP(CRL.) NO. 373 OF 2024
PETITIONER:
BETTY JOHN, AGED 60 YEARS, W/O. JOHN VARGHESE,
THACHUPARAMBIL HOUSE, MANKARA, KADANADU P.O.,
KOLLAPPALLY, KOTTAYAM, PIN - 686 653
BY ADVS.
RAMESH .P
JINU SAMYUKTHA PADMAKUMAR
RESPONDENTS:
1 STATE OF KERALA, REP. BY ADDITIONAL CHIEF
SECRETARY, DEPARTMENT OF HOME AFFAIRS,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001
2 THE DIRECTOR GENERAL OF POLICE, THE STATE POLICE
CHIEF, POLICE HEADQUARTERS, THIRUVANANTHAPURAM,
PIN - 695 001
3 THE DEPUTY INSPECTOR GENERAL OF POLICE
ERNAKULAM RANGE, SOUTH KALAMASSERY, CHANGAMPUZHA
NAGAR, KALAMASSERY, ERNKULAM, PIN - 682 033
4 THE DISTRICT POLICE CHIEF, COLLECTORATE
BUILDING, K.K. ROAD, COLLECTORATE, KOTTAYAM, PIN
- 686 002
5 STATION HOUSE OFFICER, PALA POLICE STATION,
PALA, MEENACHIL, KOTTAYAM, PIN - 686 575
6 STATION HOUSE OFFICER, RAMAPURAM POLICE STATION,
KOTTAYAM, PIN - 686 576
W.P.(Crl.)No.373 of 2024
..2..
7 STATION HOUSE OFFICER, MELUKAVU POLICE STATION,
KOTTAYAM, PIN - 686 502
8 THE KAA(P)A ADVISORY BOARD, KERALA ANTI-SOCIAL
ACTIVITIES (PREVENTION) ACT, PADOM ROAD,
ELAMAKKARA, ERNAKULAM, REP. BY THE SECRETARY,
PIN - 682 026
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
ADDL. STATE PUBLIC PROSECUTOR(AG-28)
K.A. ANAS PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY
HEARD ON 20.05.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.)No.373 of 2024
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JUDGMENT
A. Muhamed Mustaque, J.
The petitioner is the mother of externee, namely, Deepak
John. An order under the Kerala Anti-Social Activities
(Prevention) Act, 2007 has been passed against him,
restraining him from entering Kottayam District for a period
of one year. This was modified by the KAAPA Advisory Board
by reducing it to ten months. He has already undergone six
months of externment.
2. The petitioner would submit that she is a widow
and she depends upon her son. Currently, the externee is said
to be residing within Raichur in Karnataka State.
3. In the light of the fact that the petitioner is a widow
and there is no one at her home to take care of her, we are of
the view that the impugned order can be modified confining
the externment till today (20.05.2024). Hereafter, the
externee - Deepak John shall report before the Station House
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Officer, Melukave Police Station on every Sunday at 11.30 am
for a period of two months.
This W.P.Crl. is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
S.MANU
JUDGE
PR
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APPENDIX OF WP(CRL.) 373/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE EXTERNMENT ORDER
ISSUED BY THE 3RD RESPONDENT TO THE
SON OF THE PETITIONER NUMBERED AS
KAA(P)A -18453/2023/ER DATED
21/11/2023
Exhibit P2 TRUE COPY OF THE
PROCESS/RECOMMENDATION INITIATED UNDER
ORDER NO. 248/KAA(P)A/SB/23-K DATED
11/10/2023 ISSUED BY THE 4TH
RESPONDENT
Exhibit P3 TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT, NUMBERED AS 10374/2022/ER
DATED 22/07/2022
Exhibit P4 TRUE COPY OF THE ORDER DATED
07/11/2022 NUMBERED AS KAA(P)A -
17560/2022/ER ISSUED BY THE 3RD
RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE
SDM, PALA, KOTTAYAM UNDER SECTION 107
CR. P.C. DATED 09/11/2023
Exhibit P6 TRUE COPY OF THE ORDER OF THE 8TH
RESPONDENT DATED 04/01/2024
