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2013 Supreme(Ker) 647

ANTONY DOMINIC, P.D.RAJAN
Fazaludin – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

ANTONY DOMINIC, J. : Petitioner is the father of Shafeek (hereinafter referred to as the detenu for short). Detenu is an activist of Communist party of India and is the Branch Secretary of Punalur Market Road Branch of the party. He is also an activist of All India Youth Federation in Punalur. He was accused in Crime Nos. 949 of 2008, 902 of 2009, 1296 of 2010, 1319 of 2010, 1136 of 2011, 146 of 2013 and 147 of 2013, all registered at Punalur Police Station for offences under the Indian Penal Code and Prevention of Damage to Public Property Act.

2. Pleadings show that narrating the involvement of the detenu in the aforesaid cases, 4th respondent made Ext.P4 report to the 3rd respondent on 16.2.2013. On the basis of the said report, additional 6th respondent submitted Ext.P6 report under Section 3 of the Kerala Anti Social Activities (Prevention) Act, 2007 (hereinafter referred to as the Act for short) to the second respondent. In Ext.P6 report, second respondent was requested to initiate action against the detenu under the Act for classifying him as a known rowdy under Section 2(p) of the Act and to detain him under Section 3 thereof.

3. On the basis of the report thus receiv














































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