Sreejith.R vs State Of Kerala

A.Muhamed Mustaque, J

The petitioner is the father of the detenu. The detenu is 21 years old. He is alleged to have been involved in 7 crimes. The last crime was occurred on 16.7.2023, within the Police Station premises. We have serious doubts as to the veracity of the allegations against the detenu. Today, we summoned the detenu before this Court. His parents are also present before this Court. The detenu submits that one Civil Police Officer, namely, Kiran insisted him to disclose the activities of his friends who were involved in several crimes and on account of non disclosure of their activities, the above officer implicated him on various crimes. 5th and 6th crimes alleged to have been occurred on 09.05.2023. One crime registered on 09.05.2023 is under the NDPS Act in which the detenue can be set free on payment of fine and the other is alleged to have caused obstruction to the official duties to the aforesaid police officer, Kiran.

Having adverted to the nature of those crimes, we are of the view that these cannot be taken to classify as offence having an impact on public order. If those crimes are excluded, there will be a long delay in proceeding against the detenu under the Kerala Anti-Social Activities (Prevention) Act, 2007 (for short, KAA(P) Act) as all other crimes were occurred between the years 2021 and 2022. Thus, we are of the view that the live link between the last prejudicial activity has been snapped for the purpose of KAA(P) Act and the detenu has to be set at liberty. Accordingly, the impugned order is set aside. Since the detenu is before us, he has been set at free from this Court forthwith. Taking note of the age of the detenu who is present before us, we appoint, Adv.Leo Lukose as the Mentor for the detenu.

The Public Prosecutor shall communicate this order to the Jail Authorities and inform that the detenu is left off from this Court.

The writ petition(criminal) is disposed of as above.