High CourtsDivision Bench

Linto vs State Of Kerala

High Court Of Kerala · Decided on 15 March 2024 · Citation: (2024) 03 KL CK 0129

HON’BLE JUDGES
A.Muhamed Mustaque, J · Shoba Annamma Eapen, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.8768 Of 2024
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Judgment

38 paragraphs · 302 words

A. Muhamed Mustaque, J.

1.

The petitioner is challenging the externment order passed under the Kerala Anti-social Activities (Prevention) Act, 2007. The following six crimes were considered for passing the detention order:

Sl.           Crime No.              Offences                Present Status

No.

1              1633/2020 of       U/s 323, 325,        Pending as C.C.

Kothamangalam 294(b), of               No.1667/2020 of

Police Station      IPC                         JFMC-I,

Kothamangalam.

Petitioner is arrayed

as sole accused.

2              1751/2020 of       U/s 323, 325,        Pending as C.C.

Kothamangalam  326 and 34 of      No.191/2021 of JFMC-

Police Station      IPC                         I, Kothamangalam.

Petitioner is arrayed

as second accused.

3              2988/2021 of       U/s 294(b),            Pending as C.C.

Kothamangalam  447, 506(ii)          No.214/2022 of JFMC-

Police Station      of IPC                    I, Kothamangalam.

Petitioner is arrayed

as second accused.

4              1716/2022 of       U/s 323 and          Pending as C.C.

Kothamangalam  341 of IPC           No.692/2022 of JFMC-

Police Station                                      I, Kothamangalam.

Petitioner is arrayed

as sole accused.

5              118/2023 of          U/s 294(b),            Pending as C.C.

Kothamangalam  506(ii) and           No.106/2023 of JFMC-

Police Station      34 of IPC               I, Kothamangalam.

Petitioner is arrayed

as second accused.

6              1445/2023 of       U/s 294(b),            Pending as C.C.

Kothamangalam  323, 354,              No.545/2023 of JFMC-

Police Station      354(A)(1)(i)           I, Kothamangalam.

and 451 of            Petitioner is arrayed

of IPC                as sole accused.

2.

We do not find any infirmity in the order of externment. However, we find that some humanitarian consideration will have to be bestowed on the petitioner as his wife and minor child alone are at home. His father is no more and his mother is an aged person.

3.

Taking note of the facts and circumstances, we confine the operation of the impugned order till today (15.03.2024). Hereafter, the petitioner shall report before the Station House Officer, Kothamangalam Police Station on every Sunday at 10.30 am for a period of two months.

This writ petition is disposed of as above.