Shamseena K.P vs State Of Kerala

A.Muhamed Mustaque, J .

The petitioner is the wife of the detenu namely Muhammed Musthafa. The detenu has been detained invoking the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA).

The detention order was passed on 12.04.2024. Three crimes were considered to classify him as a known gunda. All crimes are registered under the Narcotic Drugs and Psychotropic Substances Act. In the first crime, the detenu pleaded guilty and on payment of fine of Rs.10,000/-, he was released. In the second crime also, he was released on bail. He had kept intermediate quantity of ganja. In the third crime also, he was found in possession of intermediate quantity of ganja. The last prejudicial activity was on 18.01.2024. He was arrested on 18.01.2024 itself. He was released on bail on 19.3.2024. However, the detention authority was unaware of his release on bail, when the detention order was issued on 12.04.2024. While granting bail, conditions have been imposed that he will not commit similar offences, while on bail. These conditions will have an impact while considering the detention order. The detention authority is bound to state whether condition was sufficient or not taking note of his past conduct. If the detention authority had not adverted to this aspect, we have to conclude that there is no application of mind, while passing the order. The detention authority taking note of bail condition as well as nature of offence are bound to explain that, if his release would cause threat to the society or not.

Having not undertaken such inquiry, we are of the view that the impugned order has to be set aside. Accordingly, the impugned order is set aside. The detenu is ordered to be released forthwith, provided, if he is otherwise not required in any other case under law.

This W.P.(Crl.) is disposed of as above.