IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM MONDAY, THE 8^TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946 WP(CRL.) NO. 326 OF 2024 PETITIONER:

ELDHOSE AGED 58 YEARS S/O ABRAHAM YOHANNAN, MALIKKUDY HOUSE, KOMBANADU P.O, CHOORAMUDY, KOMBANADU, ERNAKULAM, KERALA, PIN - 683546 BY ADV AJEESH M UMMER RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE ERNAKULAM, PIN - 682030

3 THE STATION HOUSE OFFICER KURUPPAMPADY POLICE STATION, ERNAKULAM, PIN - 683545

4 THE DISTRICT POLICE CHIEF ERNAKULAM RURAL, ALUVA, PIN - 683101

5 THE CHAIRMAN ADVISORY BOARD, KAAPA, SREENIVAS, PADAM ROAD, VIVEKANANDA NAGAR, ELAMAKKARA, PIN - 682026

6 THE SUPERINTENDENT OF JAIL CENTRAL JAIL, KANNUR, PIN – 670004 BY K.A.ANAS, PUBLIC PROSECUTOR THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T A .Muhamed Mustaque, J.

The petitioner is the father of the detenu. The petitioner challenges the detention order under the Kerala Anti- Social Activities (Prevention) Act, 2007 (for short “KAAPA Act”) .

2. Initial order was passed under Section 15(1)(b)

of the KAAPA Act on 25.07.2023. By that order, he was directed to report before the Deputy Superintendent of Police, Perumbavoor. The validity of that order is upto 26.10.2023. During the currency of the above order, he was involved in another crime. That was registered on 01.08.2023. Based on the above proceedings, the detention order has been passed on 27.11.2023. The petitioner's case is that, in view of the order already passed under the KAAPA Act, the second order under the KAAPA Act is not sustainable.

3. The learned counsel submits that the detenu had not committed any offence after the expiry of the order under Section 15(1)(b) of the KAAPA Act and therefore, fresh detention order cannot be passed. The detention order is passed ignoring order Section 15(1)(b) of the KAAPA Act. The learned counsel further submits that, while passing the detention order, the detention authority had not applied its mind in regard to the impact of order passed under Section 15(1)(b) of the KAAPA Act.

4. We pursued the records and heard the learned Public Prosecutor also. There is no law stating that during the currency of order Section 15(1)(b) of the KAAPA Act, an order of detention cannot be passed. If the detenu had committed any offence during the currency of the detention order under Section 15(1)(b) of the KAAPA Act, the detention authority can very well pass the detention order to prevent recurrence of commission of offence. The order under Section 15(1)(b) of the KAAPA Act is in the nature of supervision of the activity to ensure that his movements are under the watchful eyes of the Law Enforcement Authority. The object of the detention order is to prevent the recurrence of commission of offence, if such person ordered to be detained is a threat to the society. In such circumstances, we are of the view that, in the light of the offence committed during the currency of the order under Section 15(1)(b) of the KAAPA Act, the detention authority was justified in passing the detention order.

5. The learned counsel for the petitioner further argued that there was a delay of more than three months in passing the detention order. The delay in this matter has been explained as the detenu is involved in more than nine cases thus time was taken to collect all the details from the different police stations.

In such circumstances, further we note that the detention authority also adverted to the order passed under Section 15(1)(b) of the KAAPA Act, while passing the detention order. We are not able to interfere with this matter. This W.P.

(Crl.) is, therefore, dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

M.A.ABDUL HAKHIM JUDGE rkj AP