Kerala High Court
Praveena 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. 369 OF 2024
PETITIONER:
PRAVEENA, AGED 30 YEARS, W/O PRANAV,
THIRUTHAMPADAM, AYYAPPANKUNNU, POTHUNDI,
NENMARA, PALAKKAD, PIN - 680 653
BY ADVS.
M.H.HANIS
P.M.JINIMOL
T.N.LEKSHMI SHANKAR
NANCY MOL P.
ANANDHU P.C.
NEETHU.G.NADH
CIYA E.J.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL
CHIEF SECRETARY TO GOVERNMENT, HOME AND
VIGILANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695 001
2 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE,
PALAKKAD DISTRICT, PIN - 678 001
3 THE DISTRICT POLICE CHIEF
PALAKKAD DISTRICT, PIN - 678 001
4 THE CHAIRMAN, ADVISORY BOARD, KAAPA, SREENIVAS,
PADAM ROAD, VIVEKANANDA NAGAR, ELAMAKKARA, PIN -
682 026
5 THE SUPERINTENDENT OF JAIL, CENTRAL JAIL,
VIYYUR, PIN - 670 004
BY ADVS.
W.P.(Crl.)No.369 of 2024
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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.369 of 2024
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JUDGMENT
A. Muhamed Mustaque, J.
The petitioner is the wife of the detenu. The detenu is
involved in ten crimes. The first of these crimes was
registered in the year 2017. A detention order was passed
under the Kerala Anti-Social Activities (Prevention) Act, 2007
in the year 2019 and that was revoked based on the advice of
the KAAPA Advisory Board. Thereafter, it appears that he was
involved in more than five crimes. The last prejudicial activity
was on 22.08.2023, registered by Nenmara Police Station. On
the same day, one more crime was registered at the instance
of the police. The initial report was submitted on 27.10.2023.
The detenu was in judicial custody from 28.03.2023 till
21.10.2023. After the initial report, an additional report was
obtained on 10.01.2023. Thereafter, the detention order was
passed on 01.02.2024.
2. We note the considerable delay in passing the
detention order after initial report was submitted. If further
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report was required, that ought to have been obtained
immediately after the submission of the initial report, but
further report was obtained after two and a half months. The
detention order cannot be used as a penal measure to punish
a person. The purpose of the detention order is to prevent the
repetition of commission of offence. Judicial custody itself is
not a sufficient ground not to initiate proceedings under the
KAAPA Act. Nevertheless, even after release on bail in a
crime, immediate steps ought to have been taken under the
KAAPA Act to detain a person. If not, the very object of the
detention order will be lost.
3. The delay though attempted to be explained in this
case stating that subsequent report was obtained in the
month of January 2024, that explanation, according to us, is
untenable in the light of the fact that the initial report was
submitted as early as on 27.10.2023.
4. In such circumstances, we are of the view that the
live-link between the last prejudicial activity and the detention
order is snapped. Accordingly, the impugned order is set
aside. The detenu is ordered to be released forthwith,
provided, if he is not otherwise required in any other case
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under law.
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.) 369/2024
PETITIONER EXHIBITS
Exhibit -P1 A TRUE COPY OF ORDER NO.
DCPKD/13843/2023-S1 DATED 01.02.2024
OF THE 2ND RESPONDENT
