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 Central Prison, Viyyur on that day itself. Subsequently, he was transferred to the Central Prison, Poojappura and he is continuing under detention there. Ext.P1 order has been approved by the Government, the first respondent, as per order dated 8.6.2012. The detenu preferred Ext.P5 representation dated 27.6.2012 before the first respondentfor revoking Ext.P1 order and for setting him free. But, that representation has been rejected by the first respondent. The detenu has also preferred Ext.P6 representation dated 27.6.2012 before the Advisory Board for revoking the detention order and for setting him free. The Advisory Board submitted a report dated 27.7.2012 finding that there was sufficient cause to detain the detenu. Thereafter, the first respondent has issued order dated 3.8.2012 confirming the order of detention and directing to continue the detention for six months from the date of detention. The petitioner challenges Ext.P1 order of detention on various grounds in this Writ Petition.

3. Heard Shri. O.V. Maniprasad, the learned counsel appearing for the petitioner, and Shri. T. Asaf Ali, the learned State Public Prosecutor appearing for the respondents.

4. The District Police Chief, third respondent, submitted Ext.P3 report dated 5.3.2012 and Ext.P4 report dated 16.5.2012 before the second respondent requesting him to pass an order under Section 3(1) of KAA(P)A for detaining the detenu as he is a 'known rowdy' indulging himself in anti-social activities necessitating his detention. The second respondent, after considering Exts.P3 and P4, found the detenu to be a 'known rowdy' as defined under Section 2(p)(iii) of KAA(P)A. The second respondent, in Ext.P1 detention order, relied on the following 7 criminal cases in which the detenu is involved:

SSl. No. Crime Number Name of Police Station Date of Occurrence Offences Alleged

1. 1 16 of 2007 Ayyampuzha 24.12.2006 Ss. 341, 323, 506(i) and 34 of IPC.

2. 2 51 of 2008 Ayyampuzha 07.05.2008 Ss.143, 147,148, 447, 323, 326 and 149 of IPC.

3. 3 1473 of 2008 Angamaly 27.09.2008 Ss.143, 147, 148,341, 323, 324, 506 (ii) and 149 of IPC.

4. 4 333 of 2009 Perumbavoor 10.02.2009 Ss. 324, 326, 307, 294(b), 120B and 34 of IPC & S.25 of the Arms Act.

5. 5 631 of 2009 Kalady 09.06.2009 Ss. 341, 323, 506, (ii) and 34 of IPC & S.27

of the Arms Act.

6. 6 467 of 2011 Kalady 19.05.2011 Ss. 425, 323, 324, 354, 427 and 34 of IPC.

7. 7 1316 of 2011 Kalady 07.12.2011 Ss. 308 and 34 of IPC

In all these cases, after investigation, Final Reports have been filed before the courts. Two other criminal cases viz. Crime No.46 of 2012 of Kalady Police Station alleging the offences under Sections 143, 147, 148, 452, 506(ii) and 149 of IPC and Crime No.232 of 2012 of Kalady Police S