Kerala High Court
Jayasree Kochalu vs State Of Kerala on 19 June, 2025
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
2025:KER:43595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
THURSDAY, THE 19TH DAY OF JUNE 2025 / 29TH JYAISHTA, 1947
WP(CRL.) NO. 354 OF 2025
PETITIONER:
JAYASREE KOCHALU,
AGED 44 YEARS
D/O KOCHALU N.K., NIKATHITHARA,
VISWANATH FLAT QTR NO.1D,
PASSPORT OFFICE ROAD, PANAMPILLY NAGAR,
ERNAKULAM - 682036
BY ADV SRI.AJEESH M UMMER
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
HOME & VIGILANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE,
ERNAKULAM- 682030
3 THE STATION HOUSE OFFICER,
NJARACKAL POLICE STATION ANGAMALY - 682505
4 THE CITY POLICE CHIEF,
ERNAKULAM RURAL, ALUVA - 683101
5 THE CHAIRMAN,
ADVISORY BOARD, KAAPA, SREENIVAS, PADAM ROAD,
VIVEKANANDA NAGAR, ELAMAKKARA - 682026
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6 THE SUPERINTENDENT OF JAIL,
CENTRAL JAIL, VIYYUR - 680010
BY ADVS.
SRI.K.A.ANAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING BEEN COME UP FOR
HEARING ON 18.06.2025, THE COURT ON 19.06.2025 DELIVERED
THE FOLLOWING:
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JUDGMENT
Jobin Sebastian, J.
The petitioner is the mother of one Ajith Babu ('detenu' for the
sake of brevity), and her challenge in this Writ Petition is directed
against Ext.P1 order of detention dated 30.09.2024 passed by the
2nd respondent under Section 3(1) of the Kerala Anti-Social Activities
(Prevention) Act, 2007 ('KAA(P) Act' for brevity). After considering
the opinion of the Advisory Board, the said order stands confirmed by
the Government, vide order dated 22.11.2024, 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, it was after considering the
recurrent involvement of the detenu in criminal activities, a proposal
was submitted by the District Police Chief, Ernakulam Rural, on
31.08.2024 seeking initiation of proceedings against the detenu
under Section 3(1) of the KAA(P) Act before the jurisdictional
authority, the 2nd respondent. For the purpose of initiation of the
said proceedings, the detenu was classified as a 'known goonda' as
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defined under Section 2(o) of the KAA(P) Act.
3. Altogether, ten cases in which the detenu got himself
involved were considered by the detaining authority for issuing Ext.P1
order of detention. Out of the said cases, the case registered with
respect to the last prejudicial activity is crime No.72/2024 of Adimali
Narcotics Enforcement Squard alleging the commission of offences
punishable under Sections 22(b), 20(b)(ii)A, 29 of NDPS Act and the
detenu is arrayed as the 1st accused in the said case.
4. We heard Sri. Ajeesh M.Ummer, 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.P1 order is illegal, arbitrary, and was passed without proper
application of mind. According to the learned counsel, although the
detenu was on bail in the case registered with respect to the last
prejudicial activity, in the impugned order, it is mentioned that the
detenu was under judicial custody in the said case. According to the
counsel, the said incorrect mention of a serious fact in the detention
order itself shows non-application of mind on the part of the
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jurisdictional authority, rendering the detention order liable to be set
aside on this sole ground.
6. In response, the learned Government Pleader submitted
that Ext.P1 detention order was passed by the jurisdictional authority
after proper application of mind, and after arriving at the requisite
objective as well as subjective satisfaction. According to him, it was
the recurrent involvement of the detenu in criminal activities that
necessitated the passing of Ext.P1 order, and no interference is
warranted.
7. While considering the rival contentions, it is to be noted
that the last prejudicial activity considered by the jurisdictional
authority for passing Ext.P1 detention order is crime No.72/2024 of
Adimali Narcotics Enforcement Squard alleging the commission of
offences punishable under Sections 22(b), 20(b)(ii)A, 29 of NDPS Act.
The detenu was arrested in the said case on 17.07.2024, and he was
subsequently released on bail on 04.09.2024. It was thereafter on
30.09.2024, Ext. P1 detention order was passed. It is pertinent to
note that, in Ext.P1 order, it is mentioned that on 07.08.2024,
although the detenu moved for bail in crime No. 72/2024, the said
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bail application was dismissed. It is further mentioned that though
the bail application was dismissed, there is every possibility of the
detenu released on bail in the case registered with respect to the last
prejudicial activity. Notably, the detention order was passed as if the
detenu had not got bail in connection with the last prejudicial activity.
While passing Ext. P1 order of detention on 30.09.2024, the
jurisdictional authority should have been aware of the fact that the
detenu had secured bail in the case registered with respect to the
last prejudicial activity on 04.09.2024. But the impugned order
reveals that the jurisdictional authority was unaware of this crucial
fact when passing the order. Therefore, non-application of mind on
the part of the jurisdictional authority is apparent in this case.
Hence, the impugned order is vitiated and liable to be set aside.
8. In the result, this Writ Petition is allowed and Ext.P1 order
of detention is set aside. The Superintendent of Central Prison,
Viyyur, Thrissur, is directed to release the detenu, Sri. Ajith Babu,
forthwith, if his detention is not required in connection with any other
case.
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The Registry is directed to communicate the order to the
Superintendent of Central Prison, Viyyur, Thrissur, forthwith.
Sd/-
P.B. SURESH KUMAR
JUDGE
Sd/-
JOBIN SEBASTIAN
JUDGE
ANS
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APPENDIX OF WP(CRL.) 354/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER NO
DCEKM/8827/2024-M7 DATED 30.09.2024
ALONG WITH THE DOCUMENTS SERVED ON THE
DETENU IN ITS ORIGINAL CONDITION
Exhibit P2 A TRUE COPY OF THE ORDER DATED
04.09.2024 IN CRL MC 146/2024 OF COURT
OF THE SPECIAL JUDGE FOR NDPS ACT CASES,
THODUPUZHA
