OMANA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the mother of the detenu. This is the second detention order passed against the detenu. The detenu is ordered to be detained for a period of one year. The detention order was passed on 13/12/2023. The last prejudicial activity was on 24/7/2023. The detenu was booked for offences under Ss. 324 and 326 of the Indian Penal Code.

(2.) It appears that he has been involved in two crimes since the first detention order was passed. He was released after suffering the earlier detention order in the month of April 2023. It is to be noted that the last prejudicial activity was on 24/7/2023 and the detention order was passed only on 13/12/2023, resulting a delay of four months and nineteen days. The delay has not been properly explained in this matter. If the delay is not properly explained, it would frustrate the very objective of the detention order, as the live-link between the last prejudicial activity and the date of detention order would be snapped.

(3.) In the light of the fact that there is no explanation regarding delay in passing the detention order, we set aside the detention order and order to release the detenu forthwith, provided, if he is not otherwise required in any other case under law.