2025:KER:28481 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR & THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN THURSDAY, THE 3RD DAY OF APRIL 2025/13TH CHAITHRA, 1947 WP(CRL.) NO. 142 OF 2025 PETITIONER: AMINA, AGED 60 YEARS, D/O MUHAMMED, RESIDING AT KOTTARAM (H), KUTTAMANGALAM DESOM, MUTTIL (SOUTH) VILLAGE, VYTHIRI TALUK, KALPETTA, WAYANAD DISTRICT, PIN - 673122 BY ADVS. ADITHYA RAJEEV S.PARVATHI SAFA NAVAS RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE NORTH KALEPTTA P.O, WAYANAD DISTRICT., PIN - 673122 3 THE DISTRICT POLICE CHIEF, WAYANAD DISTRICT KALPETTA P.O, WAYANAD DISTRICT, PIN - 673122 4 THE SUPERINTENDENT CENTRAL JAIL, KANNUR DISTRICT, PIN - 673004 W.P.(Crl.) No. 142 of 2025 :2: 2025:KER:28481 5 THE STATION HOUSE OFFICER, KALPETTA POLICE STATION, KALPETTA, WAYANAD DISTRICT, PIN - 673122 BY ADV. SRI. K.A. ANAS THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON 03.04.2025 DELIVERED THE FOLLOWING: W.P.(Crl.) No. 142 of 2025 :3: 2025:KER:28481 J U D G M E N T Jobin Sebastian, J. The petitioner is the mother of Muhammed Shafi ('detenu' for the sake of brevity) and her challenge in this Writ Petition is directed against Ext.P1 order of detention dated 30.10.2024 passed by the 2nd respondent under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (‘KAA(P) Act’ for brevity). After considering the opinion of the Advisory Board, the Government confirmed the order of detention vide order dated 10.12.2024. 2. The records reveal that a proposal was submitted by the District Police Chief, Wayanad District on 05.05.2023 seeking initiation of proceedings against the petitioner’s son under the KAA(P) Act before the jurisdictional authority, the 2nd respondent. For the purpose of initiation of the said proceedings, the detenu was classified as a 'known goonda' as defined under Section 2(o) (ii) r/w 2(j) of the KAA(P) Act. Altogether 7 cases in which the petitioner’s son was involved have been considered by the detaining authority for passing the impugned order of detention. 3. The case registered regarding the last prejudicial activity W.P.(Crl.) No. 142 of 2025 :4: 2025:KER:28481 is crime No.584/2024 of Kalpetta Police Station, alleging the commission of offences punishable under Sections 115(2), 118(1), 118(2), 126(2) r/w 3(5) of BNS and the detenu is arrayed as the 1st accused in the said case. 4. We heard Sri. Adithya Rajeev, the learned counsel appearing for the petitioner and Sri. K.A. Anas, the learned Government Pleader. 5. The learned counsel for the petitioner would submit that Ext.P1 order is passed without proper application of mind and without adhering to the procedural formalities mentioned under the KAA(P) Act. According to the counsel, the fact that the detenu was granted bail in the case registered with respect to the last prejudicial activity was not at all considered by the jurisdictional authority and it was without considering the sufficiency of bail conditions imposed in the said bail order the present order of detention was passed. According to the counsel, on the aforesaid sole ground, the order of detention is vitiated and liable to be interfered with. 6. In response, the learned Government Pleader submitted that the order of detention was passed after complying with all the necessary legal formalities and after proper application of mind. W.P.(Crl.) No. 142 of 2025 :5: 2025:KER:28481 According to the Government Pleader, as the jurisdictional authority passed the order after proper application of mind and arriving at the requisite objective as well as subjective satisfaction, no interference is warranted in the impugned order. 7. The sole and prime contention pressed into service by the learned counsel for the petitioner is that the jurisdictional authority while passing the order of detention failed to take note of the fact that the detenu was released on bail in the case registered with respect to the last prejudicial activity and failed to consider the sufficiency of bail conditions imposed in the order granting bail to the detenu. While considering the said contention it is to be noted that the case registered with respect to the last prejudicial activity against the detenu is crime No.584/2024 of Kalpetta Police Station. The date of occurrence of the said case was 25.07.2024. The records further reveal that the detenu was arrested in the said case on 25.07.2024 itself and he was released on bail on 14.10.2024. Undisputedly, there is no legal impediment in passing an order of detention against the person who has already been granted bail in the case registered with respect to the last prejudicial activity. However, when an order of detention is passed against a person who is already on bail, the fact W.P.(Crl.) No. 142 of 2025 :6: 2025:KER:28481 that the detenu is on bail in the last prejudicial activity must be specifically adverted to in the order. Moreover, when bail is granted on stringent conditions, the sufficiency of bail conditions also must be considered by the jurisdictional authority while passing the order. In other words, the jurisdictional authority must be satisfied that the bail conditions imposed are not sufficient to restrain the detenu from repeating criminal activities. However, a perusal of the impugned order reveals the fact that the detenu was released on bail in the case registered with respect to the last prejudicial activity is not adverted to in the said order. Likewise, the sufficiency of the bail conditions was also not considered by the jurisdictional authority before passing the impugned order. Therefore, we have no hesitation to hold that there is no proper application of mind on the part of the jurisdictional authority, while passing the impugned order and on the said sole ground, the impugned order is vitiated. 8. In the result, this Writ Petition is allowed and Ext.P1 order of detention is set aside. The Superintendent of Central Prison, Kannur is directed to release the detenu, Sri. Muhammed Shafi forthwith, if his detention is not required in connection with any other case. W.P.(Crl.) No. 142 of 2025 :7: 2025:KER:28481 The Registry is directed to communicate the order to the Superintendent of Central Prison, Kannur forthwith. Sd/- P.B. SURESH KUMAR JUDGE Sd/- JOBIN SEBASTIAN JUDGE ncd W.P.(Crl.) No. 142 of 2025 :8: 2025:KER:28481 APPENDIX OF WP(CRL.) 142/2025 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF ORDER OF DETENTION AGAINST THE DETENU ON 30.10.2024 ISSUED BY THE 2ND RESPONDENT Exhibit-P2 A TRUE COPY OF GROUNDS FORMING BASIS FOR DETENTION ORDER DATED 30.10.2024 ISSUED BY THE 2ND RESPONDENT Exhibit-P3 A TRUE COPY OF THE COMMUNICATION DATED 20-08-2024 ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT ALONG WITH THE CHECK LIST TO BE SUBMITTED BY THE SPONSORING AUTHORITY UNDER THE ACT ADDRESSED TO THE 5TH RESPONDENT Exhibit-P3(a) A TRUE COPY OF THE PRELIMINARY REPORT ADDRESSED TO THE 5TH RESPONDENT SUBMITTED BY THE 3RD RESPONDENT DATED NIL Exhibit-P4 A TRUE COPY OF THE COMMUNICATION DATED 20.08.2024 ISSUED BY THE DEPUTY SUPERINTENDENT OF POLICE, KALPETTA, TO THE 3RD RESPONDENT Exhibit-P5 A TRUE COPY OF THE COMMUNICATION DATED 22.08.2024 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT Exhibit-P6 A TRUE COPY OF THE COMMUNICATION DATED 07.09.2024 ISSUED BY THE 2ND RESPONDENT Exhibit-P7 A TRUE COPY OF THE ADDITIONAL REPORT-I DATED 11.06.2024 SUBMITTED BY THE 3RD RESPONDENT Exhibit-P8 A TRUE COPY OF THE MEMO OF EXECUTING ORDER OF DETENTION DATED 30.10.2024 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT Exhibit-P9 A TRUE COPY OF THE JAIL ADMISSION W.P.(Crl.) No. 142 of 2025 :9: 2025:KER:28481 AUTHORISATION DATED 30.10.2024 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT Exhibit-P10 A TRUE COPY OF THE ORDER OF APPROVAL DATED 12-11-2024, ISSUED BY THE ADDITIONAL CHIEF SECRETARY, GOVERNMENT OF KERALA Exhibit-P11 A TRUE COPY OF THE DETENTION ORDER DATED 07.06.2023 ISSUED BY THE 2ND RESPONDENT Exhibit-P12 A TRUE COPY OF THE REPRESENTATION DATED 22.11.2024 PREFERRED BY THE PETITIONER BEFORE THE CHAIRMAN OF THE ADVISORY BOARD ALONG WITH THE POSTAL RECEIPT Exhibit-P13 A TRUE COPY OF THE REPRESENTATION DATED 22.11.2024 PREFERRED BY THE PETITIONER BEFORE THE ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, ALONG WITH THE POSTAL RECEIPT Exhibit-P14 A TRUE COPY OF THE ORDER DATED 12.12.2024 ISSUED BY THE ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA Exhibit-P15 A TRUE COPY OF THE ORDER DATED 14-10-2024 IN CRL.MC NO.713/2024 BEFORE THE COURT OF SESSIONS, KALPETTA