Point of Law: Sec.354 of IPC, dealing with assault or criminal force to a woman with intend to outrage her modesty, etc..

JUDGMENT :

Alexander Thomas, J.

The prayers in the afore captioned W.P.(Crl.), seeking for issuance of writ of Habeas Corpus and writ of certiorari, in regard to the challenge made against the order, preventively detaining the detenu in this case, are as follows:

“i) set aside Ext.P12 order dated 27-07-2022 No.G.O.(Rt) No.2075/2022/Home issued by the 1st respondent;

(ii) declare that the detention of the detenu (Balachandran P.V.) invoking 3(1) of Kerala Anti-Social Activities (Prevention) Act 2007 on the basis of Ext.P11 order by the 2nd respondent is illegal;

(iii) direct the 4th respondent to release the detenu (Balachandran P.V.);

(iv) exempt the petitioner from producing the English Translation of Malayalam Exhibits produced along with this writ petition and the detenu further undertakes that he is ready and willing to produce English Translation of Malayalam documents as and when required;

(v) award cost to the petitioner;

(vi) issue any other writ, order or direction as this Hon’ble Court may deem fit in the facts and circumstances of the case.”

2. Heard Sri.M.Sasindran, learned Advocate, instructed by Sri.Satheesan Alakkadan, learned counsel appearing for the petitioner and Sri.K.A. Anas, learned Public Prosecutor, appearing for the respondents.

3. The brief of the relevant facts of this case is as follows: The petitioner herein is the brother of the detenu in this case, covered by the impugned detention order at Ext.P11. The 3rd respondent-District Police Chief, has submitted Ext.P10 report dated 06.04.2022 and additional report dated 04.05.2022, recommending to the 2nd respondent-District Collector/District Magistrate, who is the authorised detaining authority, that, in view of the aspects stated in these reports, it is a fit case for the 2nd respondent to issue orders under Sec.3(1) of the Kerala Anti-Social Activities Prevention Act [KAAPA], 2007 [hereinafter referred to as ‘the Act’ for short], so as to preventively detain the detenu with a view to prevent him from further committing prejudicial anti-social activities, as understood in Sec.2(a) of the said Act. Pursuant to the said reports of the sponsoring authority, the 2nd respondent has issued Ext.P11 order dated 18.05.2022, ordering under Sec.3(1) of the Act that, the detenu shall be preventively detained, so as to prevent him from further committing prejudicial anti-social activities. Ext.P11 detention order dated 18.05.2022 was duly executed with the arrest of the detenu on 24.05.2022. Further that, the 2nd respondent has forthwith communicated Ext.P11 detention order and all the other relevant materials to the 1st respondent-State Government. The 1st respondent-State Government has issued order dated 02.06.2022, approving Ext.P11 detention order, in terms of Sec.3(3) of the Act, within the mandatory 12 days period, excluding public holidays. Thereafter, the 1st respondent-State Government has made the necessary request, along with the materials, to the statutory Advisory Board, seeking their opinion in the matter, as conceived in Sec.9 of the Act. The statutory Advisory Board, after hearing the detenu, has given their report on 13.07.2022, recommending to the Government, that there is sufficient cause for detention of the detenu, in terms of Ext.P11 order. Thereafter, the 1st respondent-State Government has issued Ext.P12 G.O.(Rt) No.2075/2022/HOME, dated 27.07.2022, confirming Ext.P11 detention order.

4. In the instant case, the last crime, said to have been committed by the detenu, is in 2021 and the FIR in that regard was registered on 15.03.2022. The time gap between the registration of the last crime (15.03.2022), and Ext.P11 detention order (18.05.2022) is 65 days. The period between the date of Ext.P11 detention order (18.05.2022) and the execution of the detention order (24.05.2022), is seven days.

5. The last crime has been registered on 15.03.2022. He was arrested in that case on 18.03.2022 and was released on bail on 28.04.2022. The 4th respondent-sponsorin