The Kerala High Court in the case Sreejith R v State of Kerala observed and has released a 21-year old boy, who was implicated in seven crimes for allegedly causing obstruction to police officer in performing official duties and under the NDPS Act, from detention under the Kerala Anti-Social Activities (Prevention) Act, 2007.
The Division bench comprising of Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen also appointed an Advocate as his ‘Mentor’, while considering the age of detention.
The 21-year-old boy and his parents had appeared before the Court.
The court in the case observed and has set aside the impugned order. As since the detenu is before us, he has been set at free from this Court forthwith.
The court while taking note of the age of the detenu who is present before us, we appoint, Adv. Leo Lukose as the Mentor for the detenu.
In the present case, the petitioner, father of a 21-year-old detenu has approached the Court against the detention of his son.
The court in the case observed and has noted that the detenu has disclosed the details of activities committed by him and his friends to a Civil Police Officer. Thus, it has been alleged by the father that the police officer has implicated his son for various crimes.
The court in the case found that the alleged offences cannot be classified as offences having an impact on public order. It has also been stated before the court that the detenu can pay fine for the offence registered under the NDPS Act.
Further, the court stated that 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.
The bench stated that 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.
Therefore, the said court is 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.
The court while considering the facts and circumstances of the case observed and has directed the detenu to be set at liberty who appeared before the Court. The said order was also communicated to the jail authorities.
The counsel, Advocate K. M. Muhammed Hussain appeared for the Petitioner.
The counsel, Public Prosecutor K A Anas represented the respondent.
