K.T.SANKARAN, B.SUDHEENDRA KUMAR
NIRMALA SOMAN – Appellant
Versus
STATE OF KERALA – Respondent
K.T. Sankaran J.
Shijeev alias Shee, the son of the petitioner was detained as per the order dated 05.03.2015 passed by the third respondent under Section 3(1) of the Kerala Anti- Social Activities (Prevention) Act, 2007 (hereinafter referred to as 'the KAAPA'). The order of detention was executed on 13.03.2015. The Advisory Board opined that there are sufficient grounds for detaining Shijeev@Shee. The Government confirmed the order of detention as per order dated 23.04.2015 and held that the period of detention would be six months from the date of detention. The order of detention is under challenge in this Writ Petition.
2. Certain facts are not in dispute. The detenu is involved in five crimes registered at Aroor and Kuruppampadi Police Stations for offences of the nature mentioned in Section 2(t) of the KAAPA. Those crimes were registered in the years 2008, 2009, 2013 and 2014. The detention order was passed on the subjective satisfaction that with a view to prevent the detenu from committing any anti social activity within the State of Kerala in any manner, it was necessary to make an order directing him to be detained. Proceedings under Section 107 of the Code of Crimin
Subramanian v. State of Tamil Nadu (2012(4) SCC 699)
Hemlata Kantilal Shah v. State of Maharashtra
Abdul Salam alias Thiyyan v. Union of India (AIR 1990 SC 1446)
Abida Beevi v. State of Kerala (2013 (1) KHC 308)
T.A. Abdul Rahman v. State of Kerala (AIR 1990 SC 225)
Jimesh Jose v. State of Kerala (2013(1) KHC 49)
Haradhan Saha and others v. State of West Bengal [1975 (3) SCC 198]
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