Anitta Martin vs State Of Kerala
2024 Latest Caselaw 26226 Ker

Kerala High Court

Anitta Martin vs State Of Kerala on 3 September, 2024

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

                                                      2024:KER:66474
R.P. No.872 of 2024
                                  1
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE

                                  &

                  THE HONOURABLE MR. JUSTICE S.MANU

   TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                         RP NO. 872 OF 2024

         AGAINST THE JUDGMENT DATED 18.06.2024 IN WP(Crl.)NO.593

OF 2024 OF HIGH COURT OF KERALA

REVIEW PETITIONER:

             ANITTA MARTIN, AGED 34 YEARS, W/O MARTIN , NELLIKAL
             HOUSE , EDIVETTI P.O , THODUPUZHA IDUKKI DISTRICT,
             PIN - 685 588


             BY ADV NEERAJ NARAYAN


RESPONDENTS/RESPONDENTS:

     1       STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF
             SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001

     2       CHAIRMAN, KAAPA ADVISORY BOARD, PADAM ROAD,
             VIVEKANANDA NAGAR, ELAMAKKARA, ERNAKULAM, PIN - 682
             026

     3       THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE
             COLLECTORATE, IDUKKI , IDUKKI, PIN - 685 603

     4       THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT
             POLICE CHIEF, IDUKKI, PIN - 689 645

     5       THE SUPERINTENDENT, CENTRAL JAIL, VIYYUR, THRISSUR
             DISTRICT, PIN - 680 010


             BY ADVS.
                                                             2024:KER:66474
R.P. No.872 of 2024
                                   2
             ADVOCATE GENERAL OFFICE KERALA
             ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)

             K.A. ANAS   PUBLIC PROSECUTOR


      THIS   REVIEW   PETITION   HAVING   COME   UP   FOR    ADMISSION   ON
03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                             2024:KER:66474
R.P. No.872 of 2024
                                      3

                                ORDER

A. Muhamed Mustaque, Acg.C.J.

The review petitioner submits that he was earlier convicted in a

criminal case and thereafter, the Apex Court stayed his conviction. It is

submitted that when the review petitioner was about to release from the

jail, a report was submitted on 09.02.2024 to initiate proceedings under

the Kerala Anti-Social Activities (Prevention Act), 2007. It is submitted

that vital aspects have not been brought to the notice of this Court while

dismissing the writ petition.

2. We have considered the above submission. However,

these submissions are not sufficient enough to persuade us to review the

judgment, as we already noted that the review petitioner/writ petitioner is

involved in more than seven crimes and the detention authority had

entered into a subjective satisfaction based on the materials available to

arrive at a conclusion that the review petitioner is a threat to the society

and if he is enlarged, it would vitiate the public order. We, therefore, find

no scope for reviewing the judgment.

Accordingly, this review petition is dismissed.

Sd/-

A.MUHAMED MUSTAQUE ACTING CHIEF JUSTICE

Sd/-

S.MANU JUDGE PR