M. P. HASSAINAR HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in the writ petition is the review petitioner.

(2.) The son of the petitioner, Jaffar M.P is detained in terms of Sec. 3 of the Kerala Anti-Social Activities (Prevention) Act, 2007 (the Act) as per Ext.P8 order which was confirmed by the State Government as per Ext.P11 order. Ext.P11 order was under challenge in the writ petition(Crl).

(3.) The detenu is accused in four cases, of which three are registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act) and one under the Indian Penal Code (the IPC). Though the detenu was enlarged on bail in the first two cases, he could not get bail in the remaining cases. The second case in the sequence namely, Crime No.1404 of 2022 of Hosdurg Police Station is the one registered for offences punishable under the IPC. The detenu was enlarged on bail in the said case subject to conditions that he shall not get himself involved in any other offence and that if he violates the said condition, it would result in the cancellation of his bail. Despite the conditions aforesaid, the detenu got himself involved in the last two cases, and an application has, therefore, been filed by the investigating officer in Crime No.1404 of 2022 for cancellation of the bail granted to the detenu. Thereafter, a report was also submitted by the Station House Officer, Hosdurg before the competent authority for initiation of proceedings against the detenu under Sec. 107 of the Code of Criminal Procedure (the Code). The contention of the petitioner in the writ petition(Crl) was that Exts.P8 and P11 orders were issued without considering the question whether the proceedings under the ordinary law of land namely the proceedings for cancellation of bail and the proceedings under Sec. 107 of the Code, are sufficient to keep the detenu under check and control. The petitioner relied on the decisions of this Court in Mohanan v. State of Kerala, 2014 KHC 3501 and in Abidha Beevi v. State of Kerala, 2013 (1) KHC 308, in support of the said contention.