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Judgment
A.Muhamed Mustaque, J
The petitioner challenges detention order of one Varun. The detenue has been arrayed as accused in 5 criminal cases. They are Crime Nos.1127 of 2019, 1128 of 2019, 1228 of 2020, 1663 of 2023 and 1661 of 2023 at Thalassery Police Station. As seen from the records, all these cases were registered on 25.12.2023. According to the petitioner, these crimes were registered during the Christmas celebration.
We have serious doubts about the invocation of KAAPA Act for incidents that happened on the same day. It is not the number of offences that matters, though a minimum number of three offences may be required for invoking the KAAPA Act. All the incidents happened in a single day. According to us, without reference to the past incident, KAAPA cannot be invoked. The provisions of the KAAPA Act are to sustain public order. The incidents that happened in a single day would not be sufficient in as much as it may not be sufficient to assess the proclivity of such persons to repeat such offences. 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 detenue forthwith, if his detention is not otherwise required under law.
This writ petition is disposed of accordingly.