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Judgment
A. Muhamed Mustaque, J
This writ of habeas corpus was filed by the mother of the detenu. The detenu involved in six crimes and the last crime was on 27.03.2023. He was released in last crime on 18.05.2023. An application was filed by the sponsoring authority to cancel the bail granted to the detenu. The application for canceling the bail was adjourned by the Magistrate and it was posted to 16.06.2023. Taking note of the delay in disposal of application to cancel the bail, the sponsoring authority could not recommend to detain the petitioner invoking provisions under the Kerala Anti Social Activities (Prevention) Act, 2007 (for short “KAAPA Act”) promptly.
The learned counsel for the petitioner submits that there is considerable delay between the last prejudicial activity and the detention order, and therefore, live-link has been snapped. It is further submitted that the last offence is in trivial nature and on that basis, the detenu cannot be proceeded invoking the provisions of the KAAPA Act.
Considering the nature of offences, we cannot accept the argument of the learned counsel for the petitioner that the last offence is in trivial nature. The delay in this matter has been explained stating that it was due to the delay in considering the application for cancellation of the bail. Mere delay cannot be fatal unless the live-link is snapped. In this case, the delay has been explained and the sponsoring authority was vigilant in proceeding against the detenu. There is no reason to interfere with the impugned order, the writ of habeas corpus fails, and the same is accordingly dismissed.