RAMSEENA S Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ of habeas corpus was filed by the petitioner challenging a detention order under Kerala Anti-Social Activities (Prevention) Act, 2007 for short the KAA(P)A. This is the second writ petition challenging the very same order. The earlier writ petition, W.P.(Crl).No.789/2023 was dismissed by this Court by its judgment dtd. 13/12/2023.

(2.) The petitioner is the wife of the detenu. The detenu suffered a previous detention order. Thereafter, he was involved in five crimes. One of the crimes was for keeping possession of a commercial quantity of narcotic substances. This Court, while dismissing the writ petition, noted that the detenu was already on bail for the offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). This Court refused to interfere with the detention order. The present writ petition is filed by canvassing an additional ground that was not canvased in the earlier writ petition. The ground is that detenu was not released on bail as stated before this Court in the earlier writ petition and is continued to be in judicial custody as there was a bar under Sec. 37 of the NDPS Act.

(3.) The learned counsel for the petitioner Adv.M.H.Hanis argued that the second writ petition is perfectly maintainable on fresh grounds and there is no bar for filing successive habeas. He placed reliance on the judgment of this court Nisha Salim v. State of Kerala and Others [2009 (2) KHC 1014].