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2015 Supreme(Ker) 551

K.T.SANKARAN, ANU SIVARAMAN
THEJAS – Appellant
Versus
INSPECTOR GENERAL OF POLICE KANNUR RANGE – Respondent


Advocates:
Advocate Appeared:
FOR THE APPELLANT : SRI.K.S.ARUN KUMAR, SRI.M.S.DILEEP, SMT.RESMI THOMAS
FOR THE RESPONDENT: DIRECTOR GENERAL OF PROSECUTION, SRI.TOM JOSE PADINJAREKARA

JUDGMENT

K.T.Sankaran, J.

The question involved in these Writ Petitions is: In order to pass an order under Section 15 of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as the 'KAAPA') in cases where proceedings under Section 107 of the Code of Criminal Procedure are taken against the person concerned, is it necessary that another case should be registered against him after the initiation of the proceedings under Section 107 Cr.P.C.?

2. Since the question involved in all these Writ Petitions is the same, these Writ Petitions are being disposed of by this common judgment.

3. An order under Section 15(1) of the KAAPA was passed against Thejas, the petitioner in W.P.(C) No.4957 of 2015, on 9.1.2015, on the ground that the petitioner is a 'known rowdy" as defined under the KAAPA. The petitioner was involved in five cases registered at Dharmadam police station as Crime Nos.879/2012, 556/2013, 71/2014, 85/2014 and 275/2014. In the first among the aforesaid cases, the petitioner was acquitted even before the passing of the order under Section 15(1) of the KAAPA. Proceedings under Section 107 Cr.P.C. were taken against the petitioner on 29.4.2014. It is sta




































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