Molly vs State of Kerala

MOLLY vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 12, 2024

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https://sooperkanoon.com/case/1283918

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Citation: sooperkanoon.com/1283918
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Justice Shoba Annamma Eapen
Decided On: Feb 12, 2024
Case Number: WP(Crl.)/3/2024
Subject: Right to Information

Case Summary

AI-generated summary - not the official court judgment text.

Right to Information

Key legal issue: Right to Information

Parties & Advocates

Appellant / Petitioner

MOLLY

Respondent

State of Kerala

Excerpt

.....mustaque(j) this writ of habeas was filed by the mother of the detenu. this is the 5th detention order of the detenu. the last prejudicial activity of the detenu was stated to be occurred on 24.05.2023, in which he was the third accused. the defacto complainant was one devan. it is alleged that the detenu attacked the defacto complainant by hitting his chest using the detenu’s hand. it is also noted that, on the same day, another crime was registered on a first information given by sub inspector of police, ollur police station, alleging damage to the police vehicle. the sponsoring authority filed report on 13.07.2023. the detention order was passed on 03.08.2023. the detenu was released on 17.06.2023 after the last prejudicial activity. we do not find that the last crime is significant enough to hold that the detenu is a threat to public order. here the crime may attract the provisions under the kerala anti-social activities (prevention) act, (for short “the kaapa”) 2007, but what is to be considered is that whether the role of detenu in such a crime poses a threat to society at large. considering the nature and solitariness of the crime committed by the detenu and the fact that the detenu is being detained successively for the reason that he is involved in successive crimes, we are of the view that this is not a fit case where kaapa proceedings have to be invoked by the authority. the idea under the kaapa is not to penalize the persons but to ensure that repetition of the offence is prevented. adverting to the nature of the case, we are of the view that this is a fit case where the impugned order has to be set aside and we direct the prison authorities to release the detenu forthwith, if his detention is not otherwise required under law. the writ petition is disposed of accordingly. a.muhamed mustaque shoba annamma eapen rk appendix of wp(crl.) 3/2024 petitioner exhibits exhibit p1 true copy of the order of detentionno:- c1-7594/2023 dated 03/08/2023.....

Full Judgment

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 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945 PETITIONER/S: MOLLY AGED 52 YEARS W/O CHARLES, THENGINGAL HOUSE, M.B NAGAR, KACHERY DESOM, NADATHARA VILLAGE, THRISSUR THALUK, THRISSUR DISTRICT-, PIN - 680751 BY ADVS. VINAY RAMDAS K.B.ANAMIKA RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-, PIN - 695001 2 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE CIVIL STATION, THRISSUR, PIN - 680003 3 DISTRICT POLICE CHIEF (CITY), THRISSUR-, PIN - 680003 4 STATION HOUSE OFFICER/INSPECTOR OF POLICE OLLUR POLICE STATION, THRISSUR- ., PIN - 680360 5 SUPERINTENDENT CENTRAL PRISON KANNUR, PODIKKUNDU, KERALA, PIN - 670004 BY PUBLIC PROSECUTOR, ADV K.A.ANAS
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 12.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 12th day of February, 2024 A.MUHAMED MUSTAQUE(J) This writ of habeas was filed by the mother of the detenu. This is the 5th detention order of the detenu. The last prejudicial activity of the detenu was stated to be occurred on 24.05.2023, in which he was the third accused. The defacto complainant was one Devan. It is alleged that the detenu attacked the defacto complainant by hitting his chest using the detenu’s hand. It is also noted that, on the same day, another crime was registered on a first information given by Sub Inspector of Police, Ollur Police Station, alleging damage to the police vehicle. The Sponsoring Authority filed report on 13.07.2023. The detention order was passed on 03.08.2023. The detenu was released on 17.06.2023 after the last prejudicial activity. We do not find that the last crime is significant enough to hold that the detenu is a threat to public order. Here the crime may attract the provisions under the Kerala Anti-Social Activities (Prevention) Act, (for short “the KAAPA”) 2007, but what is to be considered is that whether the role of detenu in such a crime poses a threat to society at large. Considering the nature and solitariness of the crime committed by the detenu and the fact that the detenu is being detained successively for the reason that he is involved in successive crimes, we are of the view that this is not a fit case where KAAPA proceedings have to be invoked by the authority. The idea under the KAAPA is not to penalize the persons but to ensure that repetition of the offence is prevented. Adverting to the nature of the case, we are of the view that this is a fit case where the impugned order has to be set aside and we direct the prison authorities to release the detenu forthwith, if his detention is not otherwise required under law. The Writ Petition is disposed of accordingly. A.MUHAMED MUSTAQUE SHOBA ANNAMMA EAPEN RK APPENDIX OF WP(CRL.) 3/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF DETENTION

NO:- C1-7594/2023 DATED 03/08/2023 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 3(1) OF KERALA ANTI-SOCIAL ACTIVITIES (PREVENTION) ACT 2007 Exhibit P2 A TRUE COPY OF PROPOSAL BEARING NO. 647/TDR/C9/2023 DATED 24/06/2023 BY THE 4TH RESPONDENT Exhibit P3 A TRUE COPY OF LETTER DATED 26/06/2023 BY THE ASSISTANT COMMISSIONER OF POLICE FORWARDING EXHIBIT P1 PROPOSAL BEARING NO. 1257/TDR/OSD/2023 TO THE 3RD RESPONDENT DISTRICT POLICE CHIEF Exhibit P4 A TRUE COPY OF LETTER DATED 13/07/2023 BY THE 3RD RESPONDENT FORWARDED EXHIBIT P1 PROPOSAL BEARING NO.55/KAAPA/SB/RC/2023 TO THE 2ND RESPONDENT DISTRICT MAGISTRATE Exhibit P5 A TRUE COPY OF MEMO FOR EXECUTING THE

ORDER OF DETENTION DATED 03/08/2023

Exhibit P6 A TRUE COPY OF AUTHORIZATION OF JAIL ADMISSION DATED 03/08/2023 Exhibit P7 A TRUE COPY OF ORDER ISSUED BY THE 1ST RESPONDENT AS G.O (RT) NO CONFIRMING THE DETENTION OF THE DETENUE Exhibit P8 A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME 0529/2023 OF THE OLLUR POLICE STATION DATED 25/05/2023 Exhibit P9 A TRUE COPY OF CRIME NO 0530/2023 OF THE OLLUR POLICE STATION DATED Exhibit P10 A TRUE COPY OF AFFIDAVIT GIVEN BY THE DEFACTO COMPLAINANT IN CRIME NO DATED 18/08/2023

Same Court & Year Kerala · 2024 Same Parties MOLLY vs State of Kerala Same Subject Right to Information Same Judge Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Jus...