Kerala High Court
Omana 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. 361 OF 2024
PETITIONER:
OMANA, AGED 48 YEARS, W/O A. AYYAPPAN, LAKSHMI
HOUSE, KOTTAKULAM, MARAYOOR, MARAYOOR P.O.,
IDUKKI DISTRICT, PIN - 685 620
BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
GAYATHRI R.
M.MAHIN HAMZA
RAYEES P.
ALWIN JOSEPH
BENSON AMBROSE
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL
CHIEF SECRETARY TO GOVERNMENT OF KERALA (HOME
DEPARTMENT), SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695 001
2 THE DISTRICT MAGISTRATE, IDUKKI DISTRICT, CIVIL
STATION, PAINAVU, PIN - 685 603
3 THE DISTRICT POLICE CHIEF, IDUKKI , IDUKKI
DISTRICT, PIN - 685 602
4 THE SUPERINTENDENT, CENTRAL PRISON, KANNUR,
KANNUR DISTRICT, PIN - 670 005
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
W.P.(Crl.)No.361 of 2024
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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.361 of 2024
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JUDGMENT
A. Muhamed Mustaque, J.
The petitioner is the mother of the detenu. This is the
second detention order passed against the detenu. The
detenu is ordered to be detained for a period of one year. The
detention order was passed on 13.12.2023. The last
prejudicial activity was on 24.07.2023. The detenu was
booked for offences under Sections 324 and 326 of the Indian
Penal Code.
2. It appears that he has been involved in two crimes
since the first detention order was passed. He was released
after suffering the earlier detention order in the month of
April 2023. It is to be noted that the last prejudicial activity
was on 24.07.2023 and the detention order was passed only
on 13.12.2023, resulting a delay of four months and nineteen
days. The delay has not been properly explained in this
matter. If the delay is not properly explained, it would
frustrate the very objective of the detention order, as the live-
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link between the last prejudicial activity and the date of
detention order would be snapped.
3. In the light of the fact that there is no explanation
regarding delay in passing the detention order, we set aside
the detention order and order to release the detenu forthwith,
provided, if 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
PR
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APPENDIX OF WP(CRL.) 361/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT DATED
13.11.2023 SUBMITTED BY THE RESPONDENT
NO.3 BEFORE THE RESPONDENT NO.2
Exhibit P2 TRUE COPY OF THE DETENTION ORDER DATED
13.12.2023 PASSED BY THE RESPONDENT
NO.2
Exhibit P3 TRUE COPY OF THE REASONS RECORDED FOR
PASSING EXHIBIT P2 DETENTION ORDER
DATED 13.12.2023
Exhibit P4 TRUE COPY OF THE ORDER DATED
14.02.2024 PASSED BY RESPONDENT NO.1
Exhibit P5 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 172/2018 OF
MARAYOOR POLICE STATION
Exhibit P6 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.205/2019 OF
MARAYOOR POLICE STATION
Exhibit P7 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 583/2020 OF
MARAYOOR POLICE STATION
Exhibit P8 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 380/2021 OF
MARAYOOR POLICE STATION
Exhibit P9 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 151/2022 OF
MARAYOOR POLICE STATION
Exhibit P10 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 264/2023 OF
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MARAYOOR POLICE STATION
Exhibit P11 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 374/2023 OF
MARAYOOR POLICE STATION
