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2014 Supreme(Ker) 877

THOTTATHIL B.RADHAKRISHNAN, BABU MATHEW P.JOSEPH
Sameena Beevi – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
For the Petitioners:Shri C. Rajendran and Shri K.R. Ranjith, Advocates
For the Respondents: Smt. Kochumol Koduvath, Government Pleader

JUDGMENT :

Mr. Thottathil B. Radhakrishnan, J.

Heard the learned counsel for the petitioner and the learned public prosecutor.

2. Petitioner challenges a preventive detention order issued under the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007, for short, "KAAPA". Order of detention was issued on 05/05/2014 and it was executed on 30/05/2014. This writ petition, stated to be filed by the wife of the detenu, is instituted on 13/08/2014.

3. The learned counsel appearing for the petitioner raised three issues. He argued that the two counts of conviction taken against the detenu are sentences imposed on him pleading guilty before the competent criminal court and therefore, those sentences cannot be treated as resulting in an order under which he has been "made guilty", for the purpose of sub-clauses (i) and (ii) of clause (p) of Section 2 of KAAPA. The second argument is that proceedings having been taken under Section 110 Cr.P.C. on the ground that the detenu is a habitual offender, there was no room to further proceed under the provisions of KAAPA. Thirdly, he argued that the detenu is a permanent resident of Kottayam and is a temporary resident of Thiruvananthapu






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