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2013 Supreme(Ker) 583

ANTONY DOMINIC, P.D.RAJAN
Thahira – Appellant
Versus
State of Kerala rep. by The Home Secretary – Respondent


Advocate Appeared:
For the Petitioner:K.J. Mohammed Anzar, T.B. Gafoor, A.D. Suresh Babu, Advocates.
For the Respondents: R1-R3, Asaf Ali, Director General of Prosecution.

JUDGMENT

Antony Dominic, J.

1. The petitioner is the wife of Shajahan @ Kannan @ Shaji. In this writ petition, she is challenging Ext.P1 order of detention issued under Section 3(2) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as the 'Act' for short).

2. Briefly stated, facts of the case are that Shajahan, the detenu, was the accused in Crime Nos.1235/2010, 1273/2010, 1985/2012, 890/2009, 1232/2010, 1236/2010 and 147/2012 of Kottiyam Police Station. Among the above, Crime No.1237/2010 involves offences under the Indian Penal Code, whereas, rest of the cases involve offences under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Pointing out the involvement of the detenu in the above cases, the 3rd respondent submitted a report dated 22.12.2012 under Section 3(1) of the Act to the 2nd respondent requesting that the detenu be classified as a 'Known Goonda' as provided under Section 2(o) of the Act and that to prevent him from continuing his anti-social activities, he be detained under Section 3 of the Act. Subsequently, yet another report was made on 03.01.2013. Based on the above reports, the 2nd respondent ini
























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