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. 51 of 2010(S) ---------------------------------------- PETITIONER(S): ------------------------- KAVITHA S. NAIR, W/O. RAJAN ALIAS RAJESH, ATTUVARAMBIL KATTAKKILVEEDU, CHIRAPPALAM, KARAMANA, THIRUVANANTHAPURAM. BY ADV.MR.R.BINDU (SASTHAMANGALAM) RESPONDENT(S): --------------------------- 1. SUB INSPECTOR OF POLICE, KARAMANA POLICE STATION, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER OF POLICE (L&O) THIRUVANANTHAPURAM. 3. THE DISTRICT MAGISTRATE, THIRUVANANTHAPURAM. 4. STATE OF KERALA REPRESENTED BY THE SECRETARY TO HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R4 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: Kss WP(Crl.)No.51/2010 S APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE IDENTITY CARD ISSUED BY THE KERALA HEAD LOAD WORKERS' WELFARE BOARD, TRIVANDRUM DISTRICT. P2: COPY OF THE ORDER OF DETENTION PASSED BY THE 3RD RESPONDENT DTD. 12/01/2010. P3: COPY OF THE GROUNDS OF THE DETENTION ORDER. P4: COPY OF THE REPORT DTD. 28/10/2009 SUBMITTED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. P5: COPY OF THE LETTER DTD. 19/11/2009 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. P6: COPY OF THE LETTER DTD. 28/11/2009 SENT BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT GIVING CLARIFICATION. P7: COPY OF THE CHARGE SHEET FILED IN ALL THE FOUR CASES. P8: COPY OF THE JUDGMENT IN CC.NO.187/2008 DTD. 30/01/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P(Crl.)No.51 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 Rajesh. If the detention WPCR51/10 -: 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