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2015 Supreme(Ker) 946

K.T.SANKARAN, B.SUDHEENDRA KUMAR
VENUGOPAL – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
SRI. C. RAJENDRAN, SRI. K.R. RANJITH
GOVERNMENT PLEADER SMT. KOCHUMOL KADAVATH

Judgment

K.T. Sankaran, J.

Ajayakumar @ Kannan, the son of the petitioner, was detained as per the order No.H7-17422/2015 dated 7.4.2015, issued under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act (hereinafter referred to as 'KAAPA'). The order of detention was executed on 9.4.2015. The detenu was classified as a "known rowdy" in the order of detention. It is stated that he was involved in three crimes. Proceedings under Section 107 of the Code of Criminal Procedure were initiated against him. It is stated that the detenu committed the last crime during the currency of the period of the bond executed by him. The order of detention was confirmed as per Ext.P11 order dated 11.6.2015. The period of detention is six months, as per Ext.P11. The order of detention as well as the continued detention are under challenge in this Writ Petition.

2. Various points were raised in the Writ Petition. It is not necessary to refer to the arguments raised by the learned counsel for the petitioner in respect of all the grounds, since we are of the view that the continued detention of the detenu should be held illegal on one of the grounds which is discussed below.

3. The detenu submi
















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