RANJITHA R. Vs. STATE OF KERALA

JUDGEMENT

(1.) This habeas was filed by the wife of the detenu.

(2.) This is the fourth detention order as against the detenu. Based on the previous detention orders, he was detained and suffered two cycles of period of detention. The present detention order was triggered based on a crime registered by the Kasaragod Police for offences under Ss. 451, 427 and 506(i) of the Indian Penal Code. The offences related to the above crime were committed on 1/10/2023. The detention order has been passed on 25/10/2023 and since then, the detenu is under detention.

(3.) It is specifically stated in the writ petition that the last crime has been settled between the detenu and the de-facto complainant. We note the nature of offences as registered by the police in the last crime. It is true that the last crime was taken into account along with the other crimes committed in the past. But, it is to be noted that if the last crime is not that serious, it may have significance in considering the validity of the detention order, especially, when it is stated that the last crime was compounded between the detenu and the de-facto complainant. Taking note of the nature of the allegations in the last crime, we are of the view that the detention order is not legally sustainable.