Suchithra E.P vs State Of Kerala

A.Muhamed Mustaque, J .

The petitioner is the mother of the detenu namely Subin P. The detenu is detained pursuant to the detention order passed invoking the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA). The detenu involved in the following four crimes;

Sl.

No.

Police Station

Crime No.

Sections

1

Thalassery

615/2019

143, 147, 148,

341, 323, 324,

294(b) r/w 149 IPC

2

Thalassery

120/2023

143, 147, 160,

353, 332 r/w 149

IPC

3

Thalassery

1627/2023

143, 147, 341,

323, 506 r/w 149 IPC

4

Kathiroor

142/2024

143, 147, 148,

341, 323, 324,

326, 327 r/w 149 IPC

The last crime was committed on 19.02 2024. In the last crime, the detenu was arrayed as fourth accused. No overt act has been attributed against the detenu.

The petitioner has a case that in four crimes, his brother Shibin has been arrayed as fourth accused.

However, the learned Government Pleader submitted that the detenu was arrayed as fourth accused. Anyway, we examined the nature of the allegations against the detenu. We do not find any reason to invoke proceedings under the KAAPA based on the last crime committed. If that crime is excluded, the previous crime was committed on 16.12.2023.

Taking note of the delay occasioned thereon, we find the live link between the last prejudicial activity and the date of passing the detention order has been snapped. The detention authority, while passing the detention order, will have to apply its mind. The nature of the crime impact the gravity of the offence against the detenu. That has not been done especially in relation to the fourth crime. In that view of the matter, 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 the detenu is otherwise not required in any other case under law.

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