IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(Crl.).No. 17 of 2010(S) ------------------------------------- PETITIONER(S): ----------------------- PRASANNA, W/O.AMBILI, PRAVEEN BHAVANAM, MAVINMOODU, CHEMMARUTHI, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.C.R.SIVAKUMAR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR/DISTRICT MAGISTRATE, COLLECTORATE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, RURAL S.P. OFFICE, THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM. 5. THE SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM. 6. THE JAIL SUPERINTENDENT, CENTRAL JAIL, THIRUVANANTHAPURAM. R1 TO R6 BY SR.GOVERNMENT PLEADER MR.P. RAVINDRA BABU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 25/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 17 of 2010(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CMP.NO.4891/2009 DATED 10/08/2009 AND THE UNDATED REPORT FILED BY THE 4TH RESPONDENT. EXT.P2: COPY OF THE ORDER DATED 13/10/2009 OF THE 2ND RESPONDENT. EXT.P3: COPY OF THE CHARGE SHEET IN CRIME NO.216/2005. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P(Crl.)No.17 of 2010-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of February, 2010. Judgment Thottathil B.Radhakrishnan, J. The impugned order of detention under the provisions of the Kerala-Anti Social Activities (Prevention) Act, 2007 has been passed on the premise that the detenue is a 'Known Goonda'. The premise on the basis of which the order has been issued cannot result in an order of detention following the decision of this Court in Sailaja v. State of Kerala, 2010(1) KLD 132(DB). Applying the said decision, we find that the impugned detention order cannot be sustained. In the result, this writ petition is allowed quashing Ext.P2 order and setting aside the detention of the detenue Pramod. If the detention WPCR17/10 -: 2 :- of the detenue is not necessary in connection with any other case, he shall forthwith be released by the prison authorities. The Registry shall forthwith communicate this order to the prison authorities concerned. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Judge. Sha/2502