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2012 Supreme(Ker) 823

PIUS C.KURIAKOSE, BABU MATHEW P.JOSEPH
Rekha Gopakumar, Palakkad District – Appellant
Versus
State of Kerala, Represented by The Additional Chief Secretary To Government, Trivandrum, Others – Respondent


Advocates appeared:
For the Petitioner:O.V. Maniprasad, Saju J. Panicker, Advocates.
For the Respondents: K.I. Abdul Rasheed, Addl State Public Prosecutor.

Judgment :-

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 Gopakumar @ Chinju, S/o Parameswaran Nair, Chethiyode, Koduvayoor P.O., Palakkad 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 wife of the detenu. The detenu was placed under preventive detention with immediate effect at Central Prison, Viyyur, by Ext.P1 order of detention dated 5.6.2012 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 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 sixth respondent, the Circle Inspector of Police, on 5.6.2012 itself a




























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