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Judgment
4 paragraphs · 285 wordsA.Muhamed Mustaque, J.
Petitioner, who is the mother of detenu, Suji .K.V, challenging Ext.P1 order issued under the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007, has approached this Court. The detenu is 28 years old. The order was passed on 23.04.2024. It is to be noted that four cases has been registered against the petitioner by Iritty Police Station. The offences alleged against the petitioner are under Sections 307, 341, 323, 324, 326, 427, section 4 r/w Section 25(1-B)(b), 294(b) 447, 143,147, 153(A) r/w 149 IPC. The first offence was committed in the year 2018. The third crime was committed in the year 2021, second and fourth crime was committed in the year 2024. We perused the nature of allegations of all these cases. We find that no specific overt act has been attributed to the detenu. The nature of offence and its impact on society are relevant factors to be reckoned while passing detention order. This crime was committed in 2018, the second and fourth crime was committed in the year 2024 and the third crime was committed in the year 2021.The interval of these offences clearly show that the conduct of the detenu was not as such to cause threat to the society.
Taking note of the nature of offences committed, we hold that his action would not amount to an activity that would vitiate a public order. We find that there is no application of mind in regard to the gravity of offence committed. Therefore, we set aside the detention order and order to release the detenu forthwith, provided, if he is not otherwise required in any other case under law.
This W.P.(Crl.) is disposed of as above.