Vanitha.N vs State Of Kerala
2024 Latest Caselaw 13628 Ker

Kerala High Court

Vanitha.N vs State Of Kerala on 27 May, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

WP(CRL.) NO. 396 OF 2024
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                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                      &
                      THE HONOURABLE MR. JUSTICE S.MANU
            MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
                           WP(CRL.) NO. 396 OF 2024
PETITIONER/S:

            VANITHA.N
            AGED 25 YEARS
            W/O SURYA, MGPXIII/38 PULLIKARAVAYAL, PARAPPETTY BHAGAM,
            MARAYOOR, MARAYOOR P.O, DEVIKULAM, IDUKKI DISTRICT, PIN - 685620

            BY ADVS.
            P.MOHAMED SABAH
            LIBIN STANLEY
            SAIPOOJA
            SADIK ISMAYIL
            R.GAYATHRI
            M.MAHIN HAMZA
            ALWIN JOSEPH
            RAYEES P.
            BENSON AMBROSE



RESPONDENT/S:

     1      STATE OF KERALA
            REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT OF
            KERALA (HOME DEPARTMENT), SECRETARIAT, THIRUVANANTHAPURAM,, PIN
            - 695001

     2      THE DISTRICT MAGISTRATE
            IDUKKI DISTRICT, CIVIL STATION, PAINAVU, PIN - 685603

     3      THE DISTRICT POLICE CHIEF
            IDUKKI , IDUKKI DISTRICT, PIN - 685602

     4      THE SUPERINTENDENT
            CENTRAL PRISON, KANNUR, KANNUR DISTRICT, PIN - 670004

            BY ADVS.
            Sri.K.A.ANAS (GP)
 WP(CRL.) NO. 396 OF 2024
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     THIS   WRIT   PETITION   (CRIMINAL)   HAVING   COME   UP   FOR   ADMISSION   ON
27.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 396 OF 2024
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                                   JUDGMENT

Dated this the 27th day of May 2024

A.Muhamed Mustaque, J.

Petitioner, who is the wife of the detenue challenges the

detention order issued under the provisions of the Kerala Anti-Social

Activities (Prevention Act, 2007. This is the second detention order.

The detenue is still in judicial custody and facing trial for the last

prejudicial activity occurred on 24.07.2023. The detention order was

passed on 13.12.2023. The detenue is the 1 st accused in the last

prejudicial activity. Proceedings were also intiated against the 2 nd

accused under the KAAPA Act. His detention order was set aside by

this Court by judgment in W.P.(Crl.)No.361/2024 stating that delay

has not been explained. It is also seen that there is a delay of about

four and 19 days and the delay has not been explained in the

impugned order. Delay

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 detenue forthwith, provided, if he is WP(CRL.) NO. 396 OF 2024

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. 396 OF 2024

APPENDIX OF WP(CRL.) 396/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REPORT DATED 03.11.2023 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 FIRST INFORMATION REPORT IN CRIME NO. 157/2022 OF MARAYOOR POLICE STATION

Exhibit P5 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 487/2017 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. 527/2020 OF MARAYOOR POLICE STATION

Exhibit P8 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 583/2020 OF MARAYOOR POLICE STATION

Exhibit P9 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 380/2021 OF MARAYOOR POLICE STATION

Exhibit P10 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 812/2021 OF MARAYOOR POLICE STATION

Exhibit P11 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 156/2022 OF MARAYOOR POLICE STATION

Exhibit P12 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 374/2023 OF MARAYOOR POLICE STATION