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2024 Supreme(Online)(KER) 49496
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 5TH DAY OF FEBRUARY 2024 / 16TH MAGHA, 1945 WP(CRL.) NO. 1213 OF 2023 PETITIONER:
SHALI M.S, AGED 25 YEARS, W/O RAHUL, CHEMBAKAPALLY VEEDU, CHIYYARAM P.O, CHIYYARAM VILLAGE , THRISSUR,, PIN – 680 026 BY ADVS.
M.H.HANIS P.M.JINIMOL NEETHU.G.NADH CIYA E.J.
T.N.LEKSHMI SHANKAR NANCY MOL P. ANANDHU P.C. RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME AND VIGILANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN – 695 001
2 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE THRISSUR DISTRICT, PIN – 680 003
3 THE DISTRICT POLICE CHIEF, THRISSUR DISTRICT, PIN – 680 002
4 THE CHAIRMAN, ADVISORY BOARD, KAAPA, SREENIVAS, PADAM ROAD, VIVEKANANDA NAGAR, ELAMAKKARA, PIN –
682 026
5 THE SUPERINTENDENT OF JAIL, CENTRAL JAIL, KANNUR, PIN – 670 004 BY ADVS.
ADVOCATE GENERAL OFFICE KERALA ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
ADDL. STATE PUBLIC PROSECUTOR(AG-28)
ADV. K.A. ANAS PUBLIC PROSECUTOR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
A. Muhamed Mustaque, J.
This writ of habeas corpus was filed by the wife of the detenu. The last prejudicial activity in this case was on 02.07.2023. Though he was granted bail in respect of the last crime on 19.09.2023, he was not released on bail and he was in custody for violation of externment order passed under the Kerala Anti-social Activities (Prevention) Act, 2007 (For short “KAPPA Act”)
2. As we see from the records, the detenu continues to be in custody for more than six months after the last prejudicial activity. The very purpose of invoking provisions of the KAPPA Act is to ensure that the person concerned is prevented from repeating the commission of the offences. In this case, the sponsoring authority filed report only on 29.09.2023 and the detention order was passed only on 24.10.2023. There was a considerable delay on the part of the sponsoring authority in filing the report before the detaining authority.
3. Taking note of the over all circumstances of the case, we are of the view that the impugned order has to be set aside and we do so. The detenu is set at liberty, provided, if his detention is not otherwise required under law.
This W.P. Crl. is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SHOBA ANNAMMA EAPEN JUDGE PR APPENDIX OF WP(CRL.) 1213/2023 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE ORDER NO.
DCTSR/10628/2023-C1 DATED 24.10.2023 OF THE 2ND RESPONDENT Exhibit-P2 A TRUE COPY OF THE REPRESENTATION BEFORE THE 1ST RESPONDENT ON
03.11.2023.
Exhibit-P3 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING THE ISSUANCE OF EXT P2 Exhibit-P4 A TRUE COPY OF THE SAID REPRESENTATION BEFORE THE 4TH RESPONDENT ON
03.11.2023 Exhibit-P5 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING THE ISSUANCE OF EXT P4
