Kerala High Court
Ramla P.K vs State Of Kerala on 28 May, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
WP(CRL.) NO. 418 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
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(CRL.) NO. 418 OF 2024
PETITIONER/S:
1 RAMLA P.K
AGED 65 YEARS
W/O ABDULLA, PARAKADAVATH HOUSE, VALIYAPARAMB VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671315
2 RUBIYA P.K
AGED 33 YEARS
D/O ABDULLA, PARAKADAVATH HOUSE, VALIYAPARAMB VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671315
BY ADVS.
RAHUL SASI
NEETHU PREM
P.ARDRA MENON
ALFIN NADARSHAW
ANJANA V.
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 COLLECTOR AND DISTRICT MAGISTRATE
CIVIL STATION BUILDING, B.C. ROAD, VIDYANAGAR KASARAGOD,
KERALA, PIN - 671123
3 THE DISTRICT POLICE CHIEF
KASARAGOD TOWN, KASARAGOD DIST. KERALA, PIN - 671123
4 THE DEPUTY SUPERINTENDENT OF POLICE
KANHANGAD, KASARAGOD DISTRICT, KERALA, PIN - 671315
WP(CRL.) NO. 418 OF 2024
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5 THE CHAIRMAN
KERALA ANTISOCIAL ACTIVITIES PREVENTION ACT (KAAPA)
ADVISORY BOARD, PADOM ROAD, VADUTHALA, ERNAKULAM., PIN -
682023
6 THE INSPECTOR OF POLICE
STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARAGOD
DISTRICT, KERALA, PIN - 671315
BY ADVS.
SRI.K.A.ANAS (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 418 OF 2024
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JUDGMENT
Dated this the 28th day of May 2024
A.Muhamed Mustaque, J.
Petitioner is the father of the detenu, namely Naseer.P.K.
Naseer P.K. has been detained invoking the provisions of
Section 3 of the Kerala Anti Social Activities (Prevention) Act,
2007 (KAAPA Act). Petitioner is involved in the following
crimes.
Crime No. Date
Crime No.632/2018 17.06.2018
Crime No.908/2018 03.10.2018
Crime No.245/2019 31.03.2019
Crime No.975/2020 26.09.2020
Crime No.442/2021 05.06.2021
Crime No.1260/2021 14.12.2021
Crime No.374/2022 07.04.2022
Crime No.550/2022 10.06.2022
Crime No.550/2022 28.04.2022
WP(CRL.) NO. 418 OF 2024
Crime No.686/2022 10.10.2022
Crime No.972/2023 04.10.2023
2. The detention order was questioned on the following
grounds:
No legible copy of the grounds of detention was served. No
reference was made as to the bail conditions imposed in last
crime while granting bail to the detenu. The third Crime
No.245/2019 is only related to a civil dispute and cannot be
include for reckoning the number of crimes for the purpose of
KAAPA Act. The Petitioner also relied upon the judgment of this
Court in Mary Salma v. State of Kerala and others 2021
KHC 127.
3. In regard to legibility of Ext.P13, we find his
contention is untenable. Ext.P13 is legible and readable. The
Petitioner has a case that he has not been served with the
materials referred in Ext.P13. It is to be noted that petitioner
also has a case that he has not been served with grounds of
detention. If he had a case that, Ext.P13 is not legible and he
was not given the materials referred in the grounds of
detention, he should have raised his objection by way of a
representation. However, we note that all the cases referred in
WP(CRL.) NO. 418 OF 2024
the grounds of detention are related to the crime committed by
him and all those crimes were registered from the year 2018
onwards.
4. Having not raised any objection immediately after
the service of detention order, he cannot challenge the same
under Article 226 of the Constitution of India. Admittedly he
has not raised a plea before the Advisory Board as well. In
regard to the second objection, the bail conditions were not
referred in the impugned order. We note that the petitioner is
involved in 11 crimes. The last crime was on 04.10.2023 and
he was arrested on 06.10.2023 and released on 21.11.2023.
The detention order was passed on 08.01.2024 and there was
a delay of three months in passing the detention order. In
paragraph 8 of the order of detention, the detention authority
referred that he continued to commit offences violating bail
conditions. It is true,and it may be related to the past offences.
Nevertheless, we hold that there was application of mind as to
the nature of activity in spite of the bail conditions so imposed
by granting a bail. In such circumstances it cannot be said that
there was no application of mind as to the bail conditions
imposed in the detention order. It is to be noted that he was
released on bail on 21.11.2023 and detention order was passed
WP(CRL.) NO. 418 OF 2024
on 08.01.2024. It cannot said that there is considerable delay
to vitiate the detention order.
In such circumstances, we do not find any reason to
interfere in this matter. Hence the writ petition is dismissed.
Sd/
A.MUHAMED MUSTAQUE
JUDGE
sd/
S.MANU
JUDGE
jm/
WP(CRL.) NO. 418 OF 2024
APPENDIX OF WP(CRL.) 418/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE FIR AND FINAL REPORT IN
CRIME NO.632 OF 2018 DATED 17.06.2018 OF
HOSDURG POLICE STATION
Exhibit P2 THE TRUE COPY OF THE FIR ALONG WITH FIR RELATED
RECORDS AND FINAL REPORT IN CRIME NO. 908 OF
2018 OF HOSDURG POLICE STATION DATED 03.10.2018
Exhibit P3 THE TRUE COPY OF THE FIR ALONG WITH FIR RELATED
RECORDS AND FINAL REPORT IN CRIME NO.245 OF
2019 DATED 31.03.2019 OF HOSDURG POLICE STATION
Exhibit P4 THE TRUE COPY OF THE FIR AND RELATED RECORDS IN
CRIME NO. 975 OF 2020 DATED 26.09.2020 OF TIRUR
POLICE STATION
Exhibit P5 THE TRUE COPY OF THE FIR AND FINAL REPORT IN
CRIME NO.442 OF 2021 DATED 05.06.2021 OF
HOSDURG POLICE STATION
Exhibit P6 THE TRUE COPY OF THE FIR AND FINAL REPORT IN
CRIME NO.1260 OF 2021 DATED 14.12.2021 OF
HOSDURG POLICE STATION
Exhibit P7 THE TRUE COPY OF THE FIR AND FINAL REPORT IN
CRIME NO.374 OF 2022 DATED 07.04.2022 OF
CHANDERA POLICE STATION
Exhibit P8 THE TRUE COPY OF THE FIR AND FINAL REPORT IN
CRIME NO.550 OF 2022 DATED 10.06.2022 OF
CHANDERA POLICE STATION
Exhibit P9 THE TRUE COPY OF THE FIR AND FINAL REPORT IN
CRIME NO.550 OF 2022 DATED 28.04.2022 OF
HOSDURG POLICE STATION
Exhibit P10 THE TRUE COPY OF THE FIR AND FINAL REPORT IN
CRIME NO.686 OF 2022 DATED 10.10.2022 OF
NILESHWARAM POLICE STATION
Exhibit P11 THE TRUE COPY OF THE FIR IN CRIME NO. 972 OF
2023 DATED 04.10.2023 OF CHANDERA POLICE
WP(CRL.) NO. 418 OF 2024
STATION
Exhibit P12 A TRUE COPY OF THE REPORT NO. 6866/SB/KSD/2023
DATED 28.11.2023 OF THE 3RD RESPONDENT AND
SUBMITTED BEFORE THE 2ND RESPONDENT
Exhibit P13 A TRUE COPY OF THE ORDER NO.
DCKSGD/12376/2023/D1 DATED 08.01.2024
