IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(Crl.).No. 65 of 2009(S) -------------------------- PETITIONER(S): -------------------- SASIDHARAN, AGED 60 YRS,S/O.MATHERU, PALAKKAL HOUSE, PATTATHANAM NAGER NO.529, VADAKKEVILA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO DEPARTMENT OF HOME AFFAIRS, SECRETARIATE,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 4. THE SUB INSPECTOR OF POLICE, EAST POLICE STATION, KOLLAM. 5. THKE ADVISORY, KAAPA, PADAM ROAD, VIVEKANDA NAGAR, ELAMAKKARA, KOCHI. BY ADDL.DGP SRI. K.K.RAVINDRANATH. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRI) 65/2009. APPENDIX PETITIONER'S EXTS: EXT. P1 : A TRUE PHOTO COPY OF THE DETENTION ORDER DATED 9.1.2009. EXT. P2 : A TRUE PHOTOCOPY OF THE STATEMENT OF REASONS FOR EXT.P1. EXT. P3 : A TRUE PHOTOCOPY OF THE FIR IN CRIME NO.13/2007 OF KOLLAM EAST POLICE STATION. EXT. P4 : A TRUE PHOTOCOPY OF THE FINAL REPORT IN CRIME NO.13/2007 OF KOLLAM EAST POLICE STATION. EXT. P5 : A TRUE PHOTOCOPY OF THE FIR IN CRIME NO.79/2007 OF KOLLAM EAST POLICE STATION. EXT. P6 : A TRUE PHOTOCOPY OF THE FINAL REPORT IN CRIME NO.79/2007 OF KOLLAM EAST POLICE STATION. EXT. P7 : A TRUE PHOTOCOPY OF THE FIR IN CRIME NO.93/2007 OF KOLLAM EAST POLICE STATION. EXT. P8 : A TRUE PHOTOCOPY OF THE FINAL REPORT IN CRIME NO.93/2007 OF KOLLAM EAST POLICE STATION. EXT. P9 : A TRUE PHOTOCOPY OF THE FIR IN CRIME NO.159/2007 OF KOLLAM EAST POLICE STATION. EXT. P10 : A TRUE PHOTOCOPY OF THE FIR IN CRIME NO.201/2007 OF KOLLAM EAST POLICE STATION. EXT. P11 : A TRUE PHOTOCOPY OF THE FINAL REPORT IN CRIME NO.201/2007 OF KOLLAM EAST POLICE STATION. EXT. P12 : A TRUE PHOTOCOPY OF THE SCENE MAHAZAR IN CRIME NO.201/2007 OF KOLLAM EAST POLICE STATION. EXT. P13 : A TRUE PHOTOCOPY OF THE FIR IN CRIME NO.782/2007 OF KOLLAM EAST POLICE STATION. EXT. P14 : A TRUE PHOTOCOPY OF THE FINAL REPORT IN CRIME NO.782/2007 OF KOLLAM EAST POLICE STATION. EXT. P15 : A TRUE PHOTOCOPY OF THE FIR IN CRIME NO.249/2007 OF KOLLAM EAST POLICE STATION. EXT. P16 : A TRUE PHOTOCOPY OF THE FINAL REPORT IN CRIME NO.249/2007 OF KOLLAM EAST POLICE STATION. EXT. P17 : A TRUE PHOTOCOPY OF THE PETITION WITHOUT ANNEXURE. EXT. P18 : TRUE PHOTOCOPY OF THE SUPPLEMENT REGARDING GAJAMELA PUBLISHED BY KERALA KAUMUDI DAILY DATED 19.2.2008. EXT. P19 : TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE TRAVANCORE ELEPHANT OWNERS ASSOCIATION. EXT. P20 : TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED TO THE DETENUE BY ELEPHANT SQUARD AND KERNAL CLUB OF KERALA DATED 20.12.2008. EXT. P21 : TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED TO THE DETENUE BY MALAYALA MANORAMA DATED 15.10.2008. EXT. P22 : A TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE FOREST RANGE OFFICER, KUTTUPUZHA DATED 29/1/2009. EXT. P23 : THE FOREST RANGE OFFICER, THUNDATHIL ISSUED A CERTIFICATE TO THE DETENUE DATED 23.1.2009. EXT. P24 : A TRUE PHOTOCOPY OF THE JOINT COMPROMISE PETITION IN C.C. NO.558/2007 FILED BY THE INJURED IN THIS CASE ALONG WITH THE 1ST ACCUSED, THE BROTHER OF THE DETENUE FILED DATED 2.3.2009. EXT. P25 : A TRUE PHOTOCOPY OF THE COMPROMISE PETITION FILED BY THE SAID CHANDRAMOHANAN AND THE 1ST ACCUSED SHYAM IN C.C. NO.2029.2008. EXT. P26 : A TRUE PHOTOCOPY OF THE ORDER DATED 2/3/2009. OF THE JFCM II, KOLLAM IN C.C. NO.2029/2008. EXT. P27 : A TRUE PHOTOCOPY OF THE ORDER DATED 2.3.2009 OF THE JFCM II, KOLLAM IN 558/2007. EXT. P28 : A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE DETENU TO THE GOVERNMENT DATED 21.1.2008. EXT. P29 : A TRUE PHOTOCOPY OF THE PETITIN SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 22.1.2009. EXT. P30 : A TRUE PHOTOCOPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 22.1.2009. EXT. P31 : A TRUE PHOTOCPY OF THE ORDER OF THE 1ST RESPONDENT DATED 23.3.2009. A.K. BASHEER & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (Crl.) No. 65 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of April, 2009. JUDGMENT BASHEER, J, Petitioner's son Prakash @ Kuttan of Vadakkevila Village in Kollam District is undergoing preventive detention in terms of Ext.P1 order dated January 8, 2009 issued by the District Magistrate and District Collector, Kollam under Section 3(1) and (2) of the Kerala Anti Social Activities (Prevention) Act, 2007. 2. It is on record that the detenue was taken into custody and committed to prison on January 17, 2009. The detaining authority in Ext.P1 order took the view that the detenue was liable to be detained under the Act since he is involved in seven criminal cases., and that he is a known Rowdy as defined under the Act. The order further indicates that the above seven crimes involved offences like destruction of public property, criminal trespass, mass attack etc. If the detenu were to be allowed to move about freely within the limits of Kollam East Police Station, he would be a threat to the peaceful life of the local people, the detaining authority further observes. WP(Crl.). 65/2009. 2 3. In the grounds of detention, a copy of which is available on record as Ext.P2, the detaining authority has given details of the seven crimes referred to above, which have been registered against the detenu. A perusal of the above crime details will show that the major offences alleged against the detenue and his accomplices are only under Sections 323, 341, 294(b) etc., which are all bailable offences. Of course in one of the crimes, (Crime No.201/2007) offence under Section 506(ii) is seen incorporated. In yet another crime (Crime No. 93/2007) Section 452 IPC is also seen incorporated. But it is the admitted position that the detenue was not charge sheeted in the said crime when final report was ultimately filed before court. We have referred to the above aspects only to indicate that in all but one case the offences allegedly committed by the detenue and his accomplices are only bailable. 4. There is yet another aspect of the matter. It is not in dispute that the sponsoring authority as well as the detaining authority have now conceded that in two of the seven crimes referred to above, the detenue is not involved at all. Thus the number of crimes that are pending against the detenue has admittedly come down to five. But curiously, the detaining authority refers to seven crimes in Ext.P1 order of detention. This, in our view, clearly indicates that there was no proper application of mind at all on the part of the detaining authority. WP(Crl.). 65/2009. 3 5. Further, as observed by us earlier, the offences alleged against the detenue are only of minor nature. A perusal of the final report in Crime No.201/2007, in which offence under Section 506(ii) IPC is seen incorporated, will show that there is not even a whisper about any of the ingredients of the said section. This also indicates that the detaining authority had not bothered to apply his mind while issuing Ext.P1 order. 6. More significantly, the detaining authority has made a sweeping statement in Ext.P1 order that the detenue has been indulging in activities like destruction of public property, mass attack, criminal trespass etc. But, in none of the crimes referred to above, there is any charge under the Prevention of Damage to Public Property Act. 7. Ext.P1 order, in our view, is bad in the eye of law for yet another reason. The detaining authority has directed that the detenue shall be detained in prison for six months. It is beyond one's comprehension as to what provision under the Act empowers the detaining authority to order detention of a detenue for six months. The said power is vested with some other authority under the Act. . We have referred to this aspect only to indicate that the detaining authority has apparently passed Ext.P1 order without any kind of application of mind. On that short ground, we are totally satisfied that the order of detention cannot be sustained. WP(Crl.). 65/2009. 4 Therefore, Ext.P1 order is quashed. The detenue, Prakash @ Kuttan, S/o. Sasidharan, Palakkal House, Pattathanam Nager No.529, Vadakkevila Village, Kollam District shall be released from custody forthwith, if his continued detention in connection with any other case is not necessary. A.K. BASHEER, JUDGE P. BHAVADASAN, JUDGE sb.