Kerala High Court
Prabin A N vs State Of Kerala on 24 October, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
2024:KER:79065
W.P.(Crl) No.1081/2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
WP(CRL.) NO. 1081 OF 2024
CRIME NO.372/2024 OF Ollur Police Station, Thrissur
PETITIONER:
PRABIN A N
AGED 31 YEARS
S/O NANDA KUMAR, AYINIPPULLY HOUSE, ELAMTHURUTHY,
KUTTANELLORE P.O, KAINOOR, THRISSUR, KERALA, PIN -
680014
BY ADVS.
SARATH BABU KOTTAKKAL
ARCHANA VIJAYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, HOME DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DEPUTY INSPECTOR GENERAL OF POLICE
OFFICE OF THE DEPUTY INSPECTOR GENERAL OF POLICE
THRISSUR RANGE, THRISSUR, PIN - 680001
3 SUPERINTENDENT OF POLICE
THRISSUR CITY, THRISSUR DISTRICT, PIN - 680003
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W.P.(Crl) No.1081/2024 2
4 STATION HOUSE OFFICER OLLUR
OLLUR POLICE STATION, THRISSUR, PIN - 680306
5 ADVISORY BOARD KAAPA
REPRESENTED BY THE SECRETARY PADOM ROAD, ELAMAKKARA P O
KOCHI ERNAKULAM, PIN - 682017
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
SRI.K.A.ANAS, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 24.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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W.P.(Crl) No.1081/2024 3
JUDGMENT
G.Girish, J.
Ext.P1 order of the Deputy Inspector General of Police, Thrissur
Range (referred hereinafter as 'Authorised Officer') dated 17.08.2024 under
Section 15(1)(a) of the Kerala Anti-Social Activities (Prevention) Act, 2007
[for short 'KAA(P)A'], directing the externment of the petitioner from
Thrissur Revenue District for a period of six months, is under challenge in
this writ petition filed under Article 226 of the Constitution of India.
2. The District Police Chief, Thrissur City (Sponsoring Authority) by
his report dated 19.07.2024 recommended the initiation of proceedings
under KAA(P)A for the externment of the petitioner from Thrissur Revenue
District stating the reason that the petitioner has been indulging in
anti-social activities causing disruption to public order. The six cases shown
in the following table were mentioned in the recommendation for
considering the petitioner as a 'known rowdy':
Sl.No. Crime No. Offences Present Status
1 1358/2022 of u/s 341, 323, 294(b), Case is pending before the
Ollur Police 506 and 427 r/w Judicial First Class Magistrate
Station Section 34 of IPC Court-II, Thrissur for trial as
C.C.No.168/2023.
2 1117/2019 of u/s 341, 323, 324, Case is pending before the
Ollur Police 294 (b) and 506 IPC Judicial First Class Magistrate
Station r/w Section 34 IPC Court-II, Thrissur for trial as
C.C.No.344/2019.
3 480/2018 of Ollur u/s 341 and 323 IPC Case is pending before the
Police Station r/w Section 34 IPC Judicial First Class Magistrate
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Court-II, Thrissur for trial as
C.C.No.1506/2018.
4 134/2018 of Ollur u/s 143, 147, 148,
Police Station 447 and 506 IPC r/w Case is pending before the
Section 149 IPC Judicial First Class Magistrate
Court-II, Thrissur for trial as
C.C.No.578/2018.
5 97/2018 of Ollur u/s 143, 147, 149, Case is pending before the
Police Station 294 (b) and 506(1) Judicial First Class Magistrate
IPC Court-II, Thrissur for trial as
C.C.No.841/2018.
6 372/2024 of Ollur u/s 341, 323, 324, Under Investigation.
Police Station 294 (b) and Section
506 IPC r/w Section
34 IPC
3. Relying on the aforesaid report of the Sponsoring Authority, and
the records produced along with it, the Authorised Officer issued show
cause notice dated 30.07.2024 to the petitioner calling upon him to explain
why order of externment shall not be passed against him. To the above
show cause notice, the petitioner did not submit any written explanation.
He appeared before the Authorized Officer on 16.08.2024 and requested for
his exclusion from the proceedings stating the reason that he is not involved
in any of the crimes attributed against him. Having dissatisfied with the
above submission of the petitioner, the Authorised Officer passed Ext.P1
order dated 17.08.2024 directing the externment of the petitioner for a
period of six months from Thrissur Revenue District. The petitioner took up
the matter before the Advisory Board under the KAA(P)A, challenging the
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above order of the Authorized Officer. The Advisory Board, as per its order
dated 30.09.2024 modified Ext.P1 order reducing the period of externment
to three months from the date of receipt of the order, and further directed
the petitioner to appear before the SHO of police Ollur on all Sundays
between 10.00 a.m. and 1.00 p.m. for a period of three months thereafter.
The aforesaid orders are assailed in this writ petition.
4. Heard Adv.Ms. Archana Vijayan, the learned counsel for the
petitioner, and Adv.Mr.K.A Anas, the learned Senior Government Pleader
representing the respondents.
5. Though the petitioner has raised several grounds challenging
the externment proceedings initiated against him, the substantial ground
argued before us is in respect of the inordinate delay of two and a half
months from the last prejudicial activity in initiating the proceedings of
externment.
6. The last prejudicial activity attributed to the petitioner is the
commission of Crime No.372/2024 of Ollur Police Station on 04.05.2024.
Thereafter, the proposal for initiating externment proceedings had been
submitted by the District Police Chief only on 19.07.2024, which is after the
elapse of two and a half months. There is no reason stated in Ext.P1 order
for the delay which occasioned in the above regard. Instead it is observed in
paragraph No.16 of Ext.P1 order that there is no unjustifiable delay on the
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part of the District Police Chief since the notice under Section 41(A) of the
Code of Criminal Procedure in connection with the last crime attributed to
the petitioner was given on 19.05.2024. The above explanation offered in
Ext.P1 order cannot be taken into account since it would no way justify the
inaction on the part of the authorities concerned who remained idle for a
period of more than two months without initiating the proceedings for
externment. The unjustified delay in the above regard would definitely snap
the live link between the last prejudicial activity attributed to the petitioner
and the purpose sought to be achieved by Ext.P1 order. Needless to say,
that Ext.P1 order, as modified by Ext.P2 order of the Advisory Board, cannot
survive the scrutiny of law.
7. Accordingly we find merit in the present writ petition, which
need be allowed to meet the ends of justice.
Resultantly, the petition stands allowed. Ext.P1 order of the 2nd
respondent, as modified by Ext.P2 order of the Advisory Board, is hereby set
aside.
(sd/-)
RAJA VIJAYARAGHAVAN V,
JUDGE
(sd/-)
G.GIRISH,
JUDGE
jsr
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APPENDIX OF WP(CRL.) 1081/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE PHOTOCOPY OF THE EXTERNMENT ORDER
NO. B3-13899/2024/TSR DATED 17.08.2024
Exhibit P2 THE TRUE PHOTOCOPY OF THE ORDER DATED
30.09.2024, OF THE KAAPA ADVISORY BOARD
