High CourtsDivision Bench(2024) 01 KL CK 0076

Moly Perara vs State Of Kerala

High Court Of Kerala · Decided on 8 January 2024

HON’BLE JUDGES
A. Muhamed Mustaque, J · Shoba Annamma Eapen, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Crl.) No. 683 Of 2023

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

4 paragraphs · 260 words

A.Muhamed Mustaque, J.

1.

This Habeas was filed by the mother of the detenu. The detenu suffered six detention orders previously. The last detention order is impugned before this Court. The subject of the last detention order is based on the registration of Crime Nos.180/2023 and 186/2023 of the Chathanoor Police Station. Crime No.180/2023 of the Chathanoor Police Station was considered for detention. The crime was registered based on the information provided by one Mr.Jackson. Jackson reported that he was abducted by one Faisy and eight other identifiable persons.

2.

It is seen that bodily injury also has been caused on Jackson. It is to be noted that Jackson and the detenu have known each other for a long time, they were involved in many crimes and they were co-accused in such crimes. Jackson had not specifically mentioned about the detenu when first information was given to police. The petitioner's case is that Jackson had filed an affidavit before the KAPPA Board that the detenu was not involved in the crime. Jackson has also raised a complaint against the police. Anyway, the detenu had involved in the crime and definitely Jackson would have disclosed the same in the first information given to the police. We, in such circumstances, are of the view that the allegations against the detenu are feeble and that cannot be subject to a detention order. Accordingly, the impugned order is set aside. The detenu is ordered to be released forthwith if it is otherwise required under law.

The writ petition (criminal) is disposed of as above.