Kerala High Court Quashes Preventive Detention Of 21-Yr-Old, Appoints Advocate As His 'Mentor'

The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen, considering the age of the detenu, also appointed an Advocate as his 'Mentor'.

The 21-year old boy and his parents had appeared before the Court today.

“Accordingly, the impugned order is set aside. Since the detenu is before us, he has been set at free from this Court forthwith. Taking note of the age of the detenu who is present before us, we appoint, Adv.Leo Lukose as the Mentor for the detenu.”

The petitioner, father of a 21-year-old detenu has approached the Court against the detention of his son. The Court noted that the detenu has disclosed the details of activities committed by him and his friends to a Civil Police Officer. The father has alleged that the police officer has implicated his son for various crimes.

The Court found that the alleged offences cannot be classified as offences having an impact on public order. It also stated that the detenu can pay fine for the offence registered under the NDPS Act. Further, the Court stated if those crimes were excluded, the other alleged crimes were of the year 2021 and 2022 and that there was a long delay between the last prejudicial activity and the detention order.

“If those crimes are excluded, there will be a long delay in proceeding against the detenu under the Kerala Anti- Social Activities (Prevention) Act, 2007 (for short, KAA(P) Act) as all other crimes were occurred between the years 2021 and 2022. Thus, we are of the view that the live link between the last prejudicial activity has been snapped for the purpose of KAA(P) Act and the detenu has to be set at liberty.”, stated the Bench.

Accordingly, it directed the detenu to be set at liberty who appeared before the Court today. The order was also communicated to the jail authorities.

Counsel for the petitioner: Advocate K.M.Muhammed Hussain

Counsel for the respondents: Public Prosecutor K A Anas

Citation: 2024 LiveLaw (Ker) 64

Case title: Sreejith R v State of Kerala

Case number: WP(CRL.) NO.1220 OF 2023

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