Santha V vs State Of Kerala

A. Muhamed Mustaque, J.

The petitioner is the mother of the detenue, namely, Jyothish V. He has been detained invoking the provisions under the Kerala Anti-Social Activities (Prevention) Act, 2007. The detention order was passed on 17.04.2024. He is involved in four crimes, which are as follows:

Sl.No.

Crime No.

Police Station

Offences

1

922/2017

Mattanur

U/s. 341, 323, 324,

2

84/2023

Mattanur

427, 308 r/w 34 of IPC

U/s. 341 and 323 of

3

606/2023

Mattanur

IPC

U/s. 323, 308 r/w 34

of IPC and Sec.4 r/w

25(1-B)(b) of Arms Act.

4

226/2024

Mattanur

143, 147, 148, 341,

324, 506, 307 r/w 149

of IPC

While adverting to the first three crimes, it is to be noted that the other accused who suffered detention order has been released by this Court noting that the activities of the detained persons would amount to attract the elements vitiating the law and order and not the public order. The detenu herein is the fourth accused in the fourth crime and the investigation is going on.

It is to be noted that there were no qualifying number of cases as against the detenu in this case which would amount to attract the elements vitiating public order. In that view of the matter, the impugned order is set aside. The detenu is ordered to be released forthwith, provided, if his custody is not otherwise required in any case under law.

This W.P.Crl. is disposed of as above.