Abdul Kalam vs State Of Kerala
2024 Latest Caselaw 13634 Ker

Kerala High Court

Abdul Kalam vs State Of Kerala on 27 May, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

WP(CRL.) NO. 501 OF 2024
                                      1

                 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. 501 OF 2024
         CRIME NO.1667/2023 OF Kilikolloor Police Station, Kollam
PETITIONER/S:

             ABDUL KALAM
             AGED 44 YEARS
             S/O. ABDUL KAREEM, ANEES MANZIL, PEROOR CHERY, KOTTAMKARA
             VILLAGE KOLLAM TALUK, KOLLAM DISTRICT, PIN - 691504

             BY ADVS.
             SAIJO HASSAN
             BENOJ C AUGUSTIN
             RAFEEK. V.K.
             DEVI.R.SENS
             V.P.REJITHA
             ABRAHAM J. KANIYAMPADY
             SANGEETH MOHAN
             DHEERAJ BABY
             MEERA J. MENON



RESPONDENT/S:

     1       STATE OF KERALA
             REP.BY CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001

     2       ADDITIONAL CHIEF SECRETARY
             HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM, PIN
             - 695001

     3       DISTRICT MAGISTRATE/DISTRICT COLLECTOR
             CIVIL STATION RD, KAANKATHU MUKKU,KOLLAM, PIN - 691013

     4       THE STATE POLICE CHIEF
             POLICE HEAD QUARTERS THIRUVANANTHAPURAM, PIN - 695001
 WP(CRL.) NO. 501 OF 2024
                                  2

     5     THE STATION HOUSE OFFICER
           KILIKOLLUR POLICE STATION , KOLLAM, PIN - 691004

     6     THE SUPERINTENDENT OF POLICE
           CENTRAL PRISON, VIYYUR, THRISSUR DISTRICT, PIN - 680010

           BY ADVS.
           SRI.K.A.ANAS (PP)




     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. 501 OF 2024
                                                   3


                                         JUDGMENT

Dated this the 27th day of May 2024

A.Muhamed Mustaque, J.

Petitioner is the father of detenu. Petitioner has involved in the

following crimes.

1. Crime No.1376/2018 of Kollam East Police Station

2. Crime No.241/2019 of Kilikollur Police Station

3. Crime No.720/2021 of Eravipuram Police Station

4. Crime No.278/2023 of Kilikollur Police Station

5. Crime No.1309/2023 of Kolikollur Police Station

2. The detention order was passed on 15.02.2024 and detenu

was detained from 16.02.2024. Learned Counsel for the petitioner would

submit that in first two cases he was granted anticipatory bail and third

case is a bailable offence. It is to be noted that detenu is only 23 years

old. The nature offence and gravity of such offence have been considered

by the detention authority. The subjective satisfaction in such

circumstances would be sufficient to hold that detention order is invalid.

The purpose of detention is to improve his conduct and to ensure that

commission of such offences is not repeated in the future. Last prejudicial

activity was on 09.12.2023. The sponsoring authority submitted its report

on 28.12.2023.

WP(CRL.) NO. 501 OF 2024

2. Considering the facts and circumstances, we are of the view

that there is no scope for an interference in this matter. However, we

direct the Secretary, District Legal Service Authority to provide counselling

to improve his conduct and behaviour as it appears that he is suffering

from intensive behavioural disorder as the nature of crime reflects his

character. The District Legal Service Authority shall take action in

accordance with the direction of this Court.

The writ petition is dismissed accordingly.

Sd/

A.MUHAMED MUSTAQUE JUDGE

SD/ S.MANU JUDGE jm/ WP(CRL.) NO. 501 OF 2024

APPENDIX OF WP(CRL.) 501/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DETENTION ORDER DATED 15.02.2024 ISSUED BY THE THIRD RESPONDENT

Exhibit P2 TRUE COPY OF THE DETENTION ORDER DATED 15.02.2024 ALONG WITH GROUNDS OF DETENTION ISSUED BY THE THIRD RESPONDENT

Exhibit P3 TRUE COPY OF THE REPORT DATED 28.12.2023 IN 114/G1/KAA(P)A/2023/QC ISSUED BY THE CITY POLICE COMMISSIONER, KOLLAM CITY

Exhibit P4 TRUE COPY OF THE G.O.(RT) 1108/2024/HOME DATED 12.04.2024 ISSUED BY THE 2ND RESPONDENT CONFIRMING THE DETENTION ORDER OF THE PETITIONER FOR A PERIOD OF 6 MONTHS U/S 10(4) OF THE ACT