Kerala High Court
Shanid Kt vs State Of Kerala on 28 April, 2023
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945
WP(CRL.) NO. 415 OF 2023
PETITIONER:
SHANID KT
AGED 32 YEARS
S/O ABDULLA KT,
KT HOUSE MUTHANGALI
PARAMB ODUMBRA,
PO OLAVANA, PIN - 673 019
BY ADVS.
RENJITH B.MARAR
LAKSHMI.N.KAIMAL
ARUN POOMULLI
PREETHA S CHANDRAN
ABHIJITH SREEKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF HOME KERALA
SECRETARIAT TRIVANDRUM, PIN - 695 001
2 DEPUTY INSPECTOR GENERAL &COMMISSIONER OF POLICE
PUTHIYARA,KOZHIKODE KERALA-, PIN - 673 004
3 DEPUTY POLICE COMMISSIONER
LAW AND ORDER ,KOZHIKODE CITY, PIN - 673 005
4 STATION HOUSE OFFICER,
NALLALAM POLICE STATION KOZHIKODE, PIN - 673 027
SRI K A ANAS, PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 415 OF 2023
2
BECHU KURIAN THOMAS, & C. JAYACHANDRAN, J,J
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WP(CRL) No. 415 of 2023
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Dated this the 28th day of April, 2023
JUDGMENT
C.JAYACHANDRAN, J.
The petitioner is a person against whom an order of externment under Kerala Anti-Social Activities (Prevention) Act, 2007 has been issued. He sought for permission to attend his sister's marriage and the ceremonies in connection therewith. According to the petitioner, the marriage is scheduled on 01.05.2023 and the ceremonies, on 03.05.2023 and 04.05.2023. As a matter of fact, the marriage was initially fixed on 27.04.2023, which was later postponed. As per Ext.P6 impugned order, the Deputy Police Commissioner granted permission to attend the marriage, as also, the ceremonies on 03.05.2023 and 04.05.2023. WP(CRL.) NO. 415 OF 2023 3
2. The short grievance of the petitioner is that he was not permitted to attend the marriage, which is scheduled on 01.05.2023.
3. Heard the learned counsel for the petitioner and the learned Special Government Pleader. Perused the records.
4. We are not in a position to appreciate the contention of the petitioner that the marriage is scheduled to be solemnized 01.05.2023. Ext.P5 is the application preferred by the detenue before the District Police Chief, where there is a specific averment that the marriage was initially fixed on 27.04.2023, which was later postponed to 04.05.2023. To the same effect is the finding of the Deputy Police Commissioner in Ext.P6 order, that is to say, the marriage and the ceremony are scheduled to be solemnized on 03.05.2023 and 04.05.2023. Accordingly, permission was granted to the petitioner to attend the marriage and ceremonies on 03.05.2023 and 04.05.2023. There is no WP(CRL.) NO. 415 OF 2023 4 record, whatsoever, before us indicating that the marriage is scheduled to be solemnized on 01.05.2023, as now contended for by the petitioner. We find no reason to interfere with the impugned order.
In the result, the writ petition would stand dismissed.
Sd/-
BECHU KURIAN THOMAS, JUDGE Sd/-
C. JAYACHANDRAN , JUDGE sn WP(CRL.) NO. 415 OF 2023 5 APPENDIX OF WP(CRL.) 415/2023 PETITIONER' EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER NO. D1-69559/2022/CC DATED 15.11.2022 PASSED BY THE DEPUTY INSPECTOR GENERAL &COMMISSIONER OF POLICE Exhibit P2 A TRUE COPY OF THE ORDER DATED 13.12.2022 PASSED BY THE ADVISORY BOARD KAAPA Exhibit P3 A TRUE COPY OF THE WEDDING INVITATION CARD OF THE PETITIONER'S SISTER Exhibit P4 A TRUE COPY OF THE ORDER PASSED BY THE HON'BLE HIGH COURT IN WP(CRL) 124 OF 2023 DATED 18.04.2023 Exhibit P5 A TRUE COPY OF THE LETTER DATED 19.04.2023 PREFERRED BY THE PETITIONER BEFORE THE DEPUTY POLICE COMMISSIONER LAW AND ORDER KOZHIKODE CITY POLICE LIMITS Exhibit P6 A TRUE COPY OF THE ORDER NO850/TDR/SB22-C PASSED BY THE DEPUTY POLICE COMMISSIONER LAW AND ORDER KOZHIKODE CITY DATED 22.04.2023 RESPONDENT'S EXHIBITS : NIL //TRUE COPY// PA TO JUDGE