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2015 Supreme(Ker) 1358

K.T.SANKARAN, BABU MATHEW P.JOSEPH
Dinchu Mohanan S/o. Mohanan – Appellant
Versus
State of Kerala, Rep by the Principal Secretary to The Government Home Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. John T. Paul
For the Respondent: Smt. Kochumol Kadavath

JUDGMENT :

K.T. Sankaran, J.

The Inspector General of Police, Kochi Range issued Ext.P3 order No.02(K)/Camp/14 K.O.R dated 20.12.2014 under Section 15(1) of the Kerala Anti Social Activities Prevention Act (hereinafter referred to as 'KAAPA'), restraining the petitioner from entering into the jurisdictional limits of the District Police Chief, Ernakulam Rural, for a period of six months. Ext.P3 order shows that the petitioner was involved in five criminal cases and that the definition of "known rowdy" under Section 2(p)(iii) of KAAPA was attracted in the case.

2. The petitioner submitted a representation under Section 15 (2) of KAAPA before the Advisory Board. At the time of hearing before the Advisory Board, it was submitted that two cases in which the petitioner was the accused ended in acquittal before passing Ext.P3 order and two other cases ended in the acquittal after the passing of Ext.P3 order. It was therefore submitted that the minimum required number of cases were not available to term the petitioner as a "known rowdy". This contention was rejected by the Advisory Board on the ground that it is settled law that acquittal subsequent to the passing of the orders under KAAPA c







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