BABU MATHEW P.JOSEPH, PIUS C.KURIAKOSE
Jimesh Jose – Appellant
Versus
State of Kerala, Represente By The Additional Chief Secretary To Government Home Department – Respondent
Babu Mathew P. Joseph, J.
1. This Writ Petition is filed under Article 226 of the Constitution of India praying for the following reliefs:
(i) A writ of habeas corpus or any other appropriate writ, direction or order directing the respondents to produce the person of the detenu Jomesh, S/o Jose, Parelan House, Kalady Village, Ernakulam District before this Hon'ble Court and to set him at liberty forthwith.
(ii) Declare that Ext.P1 detention order and the detention pursuant to the same are illegal and vitiated.
(iii) Such other orders as are deemed fit and proper in the circumstances of the case.
2. The petitioner is the brother of the detenu. The detenu was placed under preventive detention with immediate effect at Viyyur Central Jail by Ext.P1 order of detention dated 26.5.2012 passed by the second respondent, the District Collector and District Magistrate. The second respondent has passed Ext.P1 order exercising his powers under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 [for short, KAA(P)A]. Pursuant to Ext.P1, the detenu was taken into custody by the fourth respondent, the Sub Inspector of Police, on 28.5.2012 and admitted him to the Cen
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