Premjith vs State Of Kerala

Shoba Annamma Eapen, J

The petitioner, the brother of the detenu, has approached this Court challenging Ext.P1 detention order dated 19.06.2023 passed by the detaining authority under the Kerala Anti-Social Activities (Prevention) Act, 2007 [for short, “KAA(P)A”].

Learned counsel for the petitioner submitted that the detention order was passed by the detaining authority while the detenu was under judicial custody in connection with the last prejudicial activity. The last prejudicial activity was on 28.01.2023 and the detention order was passed on 19.06.2023 and hence, there is a delay of more than four and a half month in passing the detention order from the date of last prejudicial activity and there was no explanation in the detention order as to the delay caused in passing the same. According to the learned counsel, though the detaining authority was aware of the fact that the detenu was already in judicial custody since 14.05.2023 in the last prejudicial activity, it was not stated in the detention order that the detaining authority was convinced that the detenu is likely to be released from custody in the near future.

Learned Government Pleader submitted that the detenu was involved in four criminal cases and it was after evaluating and considering the grievous offences committed by the detenu that the detention order was passed without undue delay. It is further submitted that the detenu was causing terror and threat to the public at large and hence, to maintain law and order at the respective places, preventive detention of the detenu is necessary and that the proceedings under ordinary law are insufficient to prevent his criminal activities.

We have considered the contentions put forward by both sides. The detenu is involved in four crimes and has been proceeded under KAA(P)A taking into account those four crimes as follows;

Sl.

No.

Police Station

Crime No. and Section

Date of occurrence

Court No. and Court Name/Present Stage

1

Koothuparamba

Police

Station

1708/2016 U/s.143,

147, 148, 449, 341,

324, 307, 302 r/w 149 of IPC, and

added  Sec.326,

120(b), 212, 201, 109, 118 r/w 149

of IPC, and Sec.7 r/w 27(2) of Arms Act, 4&5 of ES

Act 3(1) r/w 181 MV Act

10.10.2016

SC No.129/2019

District Sessions

Court, Thalassery.

Pending Trial

2

Koothuparamba

Police

Station

312/2017 U/s.143,

147, 148, 353, 332,

225(B) r/w 149 IPC

06.04.2017

CC No.2174/2017

JFCM II Court,

Koothuparamba. Pending Trial

3

Pinarayi

Police Station

400/2019 U/s.143, 147, 148, 341, 323,

324, 308 r/w 149 IPC

18.12.2019

SC No.259/2021

Principal Sessions Court, Thalassery. Pending Trial

4

Kalpetta Police Station

65/2023 U/s.365, 395 IPC

28.01.2023

Under investigation

The last prejudicial activity was on 28.01.2023 and the detention order was passed on 19.06.2023. Though the last prejudicial activity was on 28.01.2023, the detenu was arrested on 14.05.2023. The four cases considered for passing the detention order are for committing grievous offences under the provisions of the Indian Penal Code, the Arms Act, the Explosive Substances Act and the Motor Vehicles Act. On a perusal of the offences committed, it is evident that the detenu was creating threat and fear among the public and to avert causing terror and threat to the public at large and to maintain law and order at the respective places, preventive detention is necessary.

On a perusal of Ext.P1 detention order, it is clear that it was considering the criminal antecedents of the detenu and on arriving at objective and subjective satisfaction, the detaining authority has passed the detention order in order to safeguard the interest of the public and society. The execution of the order of detention was on 22.06.2023. The detenu had undergone detention earlier in the year 2012 and even after undergoing the entire period of detention, he continued to indulge in antisocial activities and again involved in criminal cases. After commission of the last prejudicial activity on 28.01.2023, the detenu was absconding and the investigating officer identified the detenu only on 04.02.2023. Since he was absconding, he could be apprehended in connection with the above case only on 14.05.2023 and thereafter, a proposal for preventive detention was given by the sponsoring authority on 05.06.2023 and the detention order was passed on 19.06.2023. The delay has been properly explained by the detaining authority in Ext.P1 and the live link between the last prejudicial activity and the detention order was not snapped or broken. Further, the offences committed by the detenu are grievous in nature. Therefore, we do not find any reason to interfere with the impugned detention order.

The WP(Crl) is dismissed accordingly.