[Cites 6, Cited by 0]
Kerala High Court
Ranimol K.A vs State Of Kerala on 16 December, 2025
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
TUESDAY, THE 16TH DAY OF DECEMBER 2025 / 25TH AGRAHAYANA,
1947
WP(CRL.) NO. 1651 OF 2025
PETITIONER/S:
RANIMOL K.A, AGED 46 YEARS
W/O RASHEED, RESIDING AT EJAS MANZIL, PARAKKODE,
PARAKKODE P.O, ADOOR, PATHANAMTHITTA DISTRICT,
PIN - 691554
BY ADVS. SHRI.G.RAJAN POTAYIL
SMT.SUJA PADNABAN PILLAI
SMT.YAMUNA RANI V.G.
SHRI.GOPIKRISHNA S.
SHRI.PRAVEEN K. JOY
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF
SECRETARY TO GOVERNMENT, HOME AND VIGILANCE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE
DISTRICT COLLECTORATE, PATHANAMTHITTA DISTRICT, PIN
- 689645
3 THE DISTRICT POLICE CHIEF
OFFICE OF THE SUPERINTENDENT OF POLICE,
THAZHURKADAVU ROAD, PATHANAMTHITTA, PIN - 689645
4 THE CHAIRMAN, ADVISORY BOARD, KAAPA, PADAM ROAD,
VIVEKANANDA NAGAR, ELAMAKKARA, ERNAKULAM DISTRICT,
PIN - 682026
WP(Crl.) No.1651/2025 ::2:: 2025:KER:97043
5 THE SUPERINTENDENT OF JAIL, CENTRAL PRISON, VIYYUR,
THRISSUR DISTRICT, PIN - 670004
6 THE STATION HOUSE OFFICER, ADOOR POLICE STATION,
ADOOR, PATHANAMTHITTA, PIN - 691523
BY SRI.K.A.ANAZ, PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
HEARING ON 16.12.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(Crl.) No.1651/2025 ::3:: 2025:KER:97043
JUDGMENT
Jobin Sebastian, J.
This writ petition is directed against an order of detention
dated 01.08.2024 passed against one Ijas Rasheed, S/o Rasheed
(herein after referred to as 'detenu'), under Section 3(1) of the
Kerala Anti-Social Activities (Prevention) Act, 2007 [KAA(P) Act for
the sake of brevity]. The petitioner herein is the mother of the
detenu. After considering the opinion of the Advisory Board, the
said order stands confirmed by the Government vide order dated
14.11.2025, and the detenu has been ordered to be detained for a
period of one year with effect from the date of detention.
2. The records reveal that on 31.05.2024, a proposal was
submitted by the District Police Chief, Pathanamthitta, the 3rd
respondent, seeking initiation of proceedings against the detenu
under Section 3(1) of the KAA(P) Act, before the jurisdictional
authority, the 2nd respondent. Altogether, nine cases in which the
detenu got involved have been considered by the jurisdictional
authority for passing the impugned detention order.
3. Out of the said cases considered for passing Ext.P1
detention order, the case registered with respect to the last
prejudicial activity against the detenu is Crime No.389/2024 of
WP(Crl.) No.1651/2025 ::4:: 2025:KER:97043
Adoor Police Station, alleging commission of offences punishable
under Sections 143, 147, 148, 387 r/w 149 of IPC and Section 27 of
Arms Act.
4. We heard Sri.G.Rajan Potayil, the learned counsel
appearing for the petitioner, and Sri. K.A. Anas, the learned
Government Pleader.
5. The learned counsel for the petitioner would submit that
Ext.P11 order of detention was passed without proper application of
mind and on improper consideration of facts. The learned counsel
further submitted that, though the impugned order was passed on
01.08.2024, the same was executed only on 11.09.2025. According
to the counsel, the said delay in executing the order is unjustifiable
and will breach the statutory provision regarding the execution of
such an order. On these premises, it was urged that Ext.P11 order is
vitiated and is liable to be set aside.
6. Per contra, Sri. K.A.Anas, the learned Government Pleader,
submitted that the detention order was passed after proper
application of mind and upon arriving at the requisite subjective as
well as objective satisfaction and hence no interference is warranted
in the impugned order. According to the learned Government
Pleader, after obtaining bail in the last prejudicial activity, the
detenu absconded, and that is the reason why there occurred some
WP(Crl.) No.1651/2025 ::5:: 2025:KER:97043
delay in executing the order. The learned counsel further pointed
out that after issuance of the order, as it was convinced that the
detenu had absconded, proceedings mentioned under Section 6 of
the KAA(P) Act were duly initiated by the detaining authority and
hence the authority could not be faulted for the delayed execution of
the impugned order.
7. As evident from the records, altogether nine cases formed
the basis for passing the detention order which is under challenge in
this Writ Petition. The date of occurrence of the incident, which led
to the registration of the case with respect to the last prejudicial
activity, was on 05.03.2024. It was on 08.03.2024, the detenu was
arrested and remanded to judicial custody. The detenu got bail in
the said case on 09.04.2024. Thereafter, on 31.05.2024, a proposal
was forwarded by the sponsoring authority for initiation of
proceedings under KAA(P) Act against the detenu. It was on
01.08.2024 the impugned order was passed. The sequence of the
events narrated above reveals that there occurred no unreasonable
delay either in mooting the proposal or in passing the detention
order.
8. However, from a perusal of the records, it is evident that
although the impugned order was passed on 01.08.2024, the same
was executed only on 11.09.2025. While considering the said delay,
it cannot be ignored that evidently the detenu had absconded after
WP(Crl.) No.1651/2025 ::6:: 2025:KER:97043
obtaining bail in the last prejudicial activity. On convincing about
the said fact, the detaining authority initiated proceedings under
Section 6 of the KAA(P) Act and accordingly filed a written report
regarding the absconding of the detenu before the Hon'ble Judicial
First Class Magistrate, Adoor. That apart, a gazette notification to
the same effect was published on 10.09.2024. Despite these steps,
the detenu did not turned up, necessitating initiation of proceedings
under Section 6(2) of the KAA(P) Act by the detaining authority.
Moreover, a case was registered as Crime No.595/2025 of Adoor
Police Station under Section 19 of the KAA(P) Act on 21.03.2025.
Therefore, it can be seen that the inordinate delay occasioned in
executing the impugned order was due to the absconding of the
detenu and hence the detaining authority could not be faulted for
the same.
9. However, it is to be noted that after the registration of
Crime No.595/2025 of Adoor Police Station, the detenu was arrested
on that case on 31.08.2025 and he was remanded to judicial custody
on the same day. In essence, the detenu was available in the jail in
connection with the said case from 31.08.2025. Therefore, it was
very well possible for the authority concerned to execute the order
swiftly. However, the order was executed only on 11.09.2025. The
said delay in execution of the impugned order is fatal, particularly
when no convincing explanation whatsoever has been assigned for
the same. When there is no special reason that justifies the delayed
WP(Crl.) No.1651/2025 ::7:: 2025:KER:97043
execution, the same is a ground to interfere with the impugned
order, as the same breaches the statutory provisions.
10. In the result, this Writ Petition is allowed and the
Ext.P11 order of detention is set aside. The Superintendent of
Central Prison, Viyyur, Thrissur, is directed to release the detenu,
Sri. Ijas Rasheed, if his detention is not required in connection with
any other case.
The Registry is directed to communicate the order to the
Superintendent of Central Prison, Viyyur, Thrissur, forthwith.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
JOBIN SEBASTIAN
JUDGE
vdv
WP(Crl.) No.1651/2025 ::8:: 2025:KER:97043
APPENDIX OF WP(CRL.) NO. 1651 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF MEMO NO.
DCPTA/2365/2024/B3 DATED 01.08.2024
WITH JAIL ADMISSION AUTHORIZATION
LETTER ISSUED BY THE 2ND RESPONDENT
Exhibit P2 THE TRUE COPY OF THE PETITION DATED
14.10.2025 SUBMITTED TO THE 4TH
RESPONDENT
Exhibit P3 THE TRUE COPY OF THE PETITION DATED
14.10.2025 SUBMITTED TO THE 1ST
RESPONDENT
Exhibit P4 THE TRUE COPY OF G.O (RT) NO.
3931/2025/HOME DATED 14.11.2025 ISSUED
BY THE 1ST RESPONDENT
Exhibit P5 THE TRUE COPY OF MEMO NO.
DCPTA/3389/2022/B3 DATED 21/07/2022
WITH JAIL ADMISSION AUTHORIZATION
LETTER ISSUED BY THE 2ND RESPONDENT
Exhibit P6 THE TRUE COPY OF RELEVANT PAGES OF
REPORT NO. 118/GL/ADR/2024N DATED
25/03/2024 SUBMITTED BY THE 6TH
RESPONDENT TO THE SUB DIVISIONAL
MAGISTRATE, ADOOR
Exhibit P7 THE TRUE COPY OF THE F.I R NO.389/2024
DATED 06/03/2024 OF ADOOR POLICE
STATION
Exhibit P8 THE TRUE COPY OF THE ORDER DATED
09/04/2024 IN CMP 1013/2024 IN CRIME
NO. 389/24 OF ADOOR POLICE STATION
PASSED BY THE LEARNED JUDICIAL FIRST
CLASS MAGISTRATE, ADOOR WITH TYPED COPY
Exhibit P9 THE TRUE COPY OF THE REPORT DATED
21/05/2024 OF ADOOR POLICE STATION
Exhibit P10 THE TRUE COPY OF THE JUDGMENT DATED
04.07.2025 IN W.P (CRL) NO. 440/2025
Exhibit P11 THE TRUE COPY OF THE DOCUMENTS
FURNISHED BY THE 3RD RESPONDENT TO THE
PETITIONER PERTAINING TO THE
PROCEEDINGS ISSUED BY THE 2ND
RESPONDENT
Exhibit P12 THE TRUE COPY OF THE ORDER DATED
17.09.2025 IN CMP NO. 2651/2025 IN
CRIME NO.595/2025 OF THE LEARNED
MAGISTRATE, ADOOR
