Point of Law: Law is well settled that legal parameters should be fulfilled by detaining authority to justify a case of preventive detention, where an accused is already under judicial remand in a crime.

JUDGMENT :

ALEXANDER THOMAS, J.

1. The prayers in the aforecaptioned Writ Petition (Criminal), seeking for the writs of certiorari and Habeas Corpus are as follows:

(i) Call for the records leading to Exts.P1 and quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction.

(ii) Issue a writ of habeas corpus commanding the respondents to produce the body of the detenu viz. Anoop VA @ Pokkan Anoop, Aged 32 years S/o Aravindakshan, Vayalupadam House, Athani Bhagam, Kizhakkepram Kara, Kottuvally Village, North Paravoor, Ernakulam the husband of the petitioner who is illegally detained in Central Prison, Kannur before this Court and set him at liberty forthwith.

(iii) Grant such other reliefs as this Hon’ble Court deems fit and proper in the circumstances of the case including the costs of this Writ Petition (Criminal).

2. Heard Sri. Ajeesh Ummer, learned counsel appearing for the petitioner and Sri. K.A. Anas, learned Prosecutor appearing for the respondents.

3. The petitioner herein is the wife of the detenu, who has been ordered to be preventively detained, as per the impugned Ext.P1 detention order dated 14.04.2022 issued by the 2nd respondent District Collector/District Magistrate, Ernakulam. The brief facts leading to this case are as follows.

4. Earlier, the detenu was detained under Section 3(1) of the Kerala Anti-Social Activities Prevention Act, 2007 (KAAP Act), as per proceedings dated 05.11.2020, in which four crimes were reckoned for treating the detenu as a ‘known rowdy’ as per Section 2(p)(iii) read with Section 2(t) of the Act. Challenge was mounted against the said previous detention order, which was dismissed by this Court as per judgment dated 09.04.2021 in W.P. (Crl) No. 57/2021. The currency period of the said previous detention order had expired on 05.05.2021.

5. According to the respondents, after the expiry of the previous detention order, the detenu has got involved in yet another crime and the present Ext.P1 detention order was issued taking note of the subsequent crime committed by the detenu and in the light of the provisions contained in Section 13(2)(i) of the KAAPA. Thus, it can be seen that 4 crimes were reckoned in relation to the previous proceedings and a subsequent crime, which can be treated as the last and the 5th crime, was also reckoned for the present purpose. The details of the abovesaid five crimes are stated in Ext.P1 detention order and have also been reiterated in paragraph no. 6 of the counter affidavit dated 14.09.2022 filed by R1 State Government, as can be seen from a reading of pages 4 to 6 thereof. The details given in paragraph no. 6 on pages 4 to 6 of the said counter affidavit of R1 reads as follows:

“6. The 5 cases in which the detenu involved and were considered for the objective satisfaction are as follows:

(i) Crime No. 1256/2019 of North Paravur Police Station registered u/s 323, 324 and 34 IPC:

The case is that, on 20.10.2019, early morning, due to previous enmity, with an intention to cause bodily harm to the complainant, the detneu and others caused bodily hurt to the complainant with hands and helmet. The detenu is the 1st accused in this case. He was arrested on 29.10.2019 enlarged on station bail. Investigation was completed and Charge sheet was submitted before the Hon’ble Judicial Magistrate Court-III, North Paravur on 31.10.2019 and the case is pending trial as CC No. 379/20.

(ii) Crime No. 703/2020 of North Paravur Police Station registered u/s 452, 506(ii), 427 IPC:

The case is that on 13.06.2020, night, due to previous enmity the detenu and his gang with an intention to cause bodily harm to the complainant, reached at a house near Athani junction with weapons and while they threatened to kill the complainant, he escaped from the spot through the backdoor of the house and on this enmity the gang trespassed into his ‘Nambothra’ house and damaged house hold articles in the house which caused a loss of Rs. 25,000/-. The detenu is the