Kerala High Court
Athulya K.T vs State Of Kerala on 1 April, 2026
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
2026:KER:29781
W.P(Crl) No.541/2026 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 1ST DAY OF APRIL 2026 / 11TH CHAITHRA, 1948
WP(CRL.) NO. 541 OF 2026
PETITIONER:
ATHULYA K.T, AGED 23 YEARS
W/O MOHAMMED SAHAL, KORATTIPARAMBIL VEEDU,
VAZHAKKALA, KATTOOR, THRISSUR,, PIN - 695001
BY ADVS.
SHRI.M.H.HANIS
SMT.T.N.LEKSHMI SHANKAR
SMT.NANCY MOL P.
SMT.NEETHU.G.NADH
SMT.RIA ELIZABETH T.J.
SHRI.SAHAD M. HANIS
SHRI.MUHAMMAD A. P.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
SECRETARY TO GOVERNMENT, HOME AND VIGILANCE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
2026:KER:29781
W.P(Crl) No.541/2026 2
2 THE SUPERINTENDENT OF JAIL,
CENTRAL PRISON, KANNUR,, PIN - 670004
3 THE STATION HOUSE OFFICER,
KATTOOR POLICE STATION, THRISSUR, PIN - 680702
OTHER PRESENT:
SRI. RENJITH T.R, SR. GP
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
01.04.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:29781
W.P(Crl) No.541/2026 3
JUDGMENT
K. V. Jayakumar, J.
This Writ Petition is filed under Article 226 of the Constitution of India, claiming the following reliefs:
"I. Set aside Ext.P2 order.
II. Issue a writ of mandamus or any other appropriate writ, order or
direction commanding the 1st respondent to release the detenu viz. Detenu Mohammed Sahal, aged 31 years, s/o.Salim, Korattiparambil Veedu, Vazhakkala, Kattoor, Thrissur, PIN - 680 702 who was detained in Central Prison, Kannur as prayed in Ext.P1."
2. The petitioner herein is the wife of the detenu, Mohammed Sahal, S/o. Salim, residing at Korattiparambil Veedu, Vazhakkala, Kattoor, Thrissur, who is presently detained in the Central Prison, Kannur. The learned counsel for the petitioner submitted that the detenu is under continued illegal detention pursuant to an order of detention passed by the 2nd respondent, Superintendent of Jail. The husband of the petitioner was detained on the basis of order No. DCTSR/10397/2025-C4 dated 07.10.2025 passed by the 2nd respondent. Challenging the said order, W.P.(Crl) No. 2/2026 was filed by the petitioner before this Court, which was dismissed by judgment dated 21.01.2026.
2026:KER:29781 W.P(Crl) No.541/2026 4
3. Thereafter, the learned counsel appearing for the petitioner submitted Ext.P1 application dated 06.03.2026 before the 1st respondent under Section 14 of the Kerala Anti-Social Activities (Prevention) Act, 2007 (for the sake of brevity, 'KAAPA') seeking temporary release of the detenu for the purpose of attending and conducting the Nikkah of his sister. However, by Ext.P2 order dated 16.03.2026, the said application was rejected. Aggrieved by Ext.P2, the petitioner filed this Writ Petition.
4. Sri. Renjith T.R, the learned Senior Public Prosecutor, opposed the request of the petitioner. The learned Public Prosecutor submitted that if the detenu is released that will create law and order situation in the locality. Furthermore, there exists a possibility of clashes between rival groups associated with the detenu. It is further submitted that the release of the detenu on temporary leave, for attending the marriage, is likely to create a sense of insecurity among the local residents and may also undermine public confidence in the legal and law enforcement system.
5. We have heard the submissions advanced by the learned counsel for the petitioner and the learned Senior Public Prosecutor.
6. The learned counsel for the petitioner submitted that Ext.P2 order passed by the 1st respondent is illegal and arbitrary. Section 14 of KAAPA confers wide powers to grant leave for one week to the detenu with or without conditions. The learned counsel submits that the reason stated in Ext.P1 application is not 2026:KER:29781 W.P(Crl) No.541/2026 5 legally sustainable. The period of detention will expire on 14.04.2026. The learned counsel submitted that he is ready to undergo further period of detention after the expiry of the period to compensate the leave granted. It would be apposite to extract Section 14 of the KAAPA Act hereunder:
"14. Temporary release of persons detained.-- The Government may, at any time, direct that any person detained in pursuance of a detention order may be released for a period not exceeding one week either without any condition or under such conditions as may be specified in the direction, and may at any time, cancel such direction issued earlier."
7. On the other hand, the learned Special Public Prosecutor submitted that if he is released on leave, it would affect the law and order situation of the locality.
8. We have carefully considered the submissions advanced and perused the records.
9. Considering the submissions of the counsel for the parties, we deem it appropriate to allow the Writ Petition and to grant seven days' leave to the detenu from 02.04.2026 to attend the marriage of his sister scheduled to be held on 04.04.2026. It is made clear that the detenu has to undergo seven more days of detention after the expiry of the original term. We further direct that the detenu shall execute a bond with two sureties to the satisfaction of the Superintendent of 2026:KER:29781 W.P(Crl) No.541/2026 6 Jail, Central Prison, Kannur. After the expiry of seven days' leave, he shall surrender before the Superintendent of Jail on 09.04.2026 at 11 a.m. The Writ Petition is disposed of as above.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
Sbna/
2026:KER:29781
W.P(Crl) No.541/2026 7
APPENDIX OF WP(CRL.) NO. 541 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPLICATION DATED
06.03.2026 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P2 A TRUE COPY OF THE ORDER NO.
HOME-SSA5/408/2025 DATED 16.03.2026 OF
THE 1ST RESPONDENT