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2012 Supreme(Ker) 889

K.M.JOSEPH, M.L.JOSEPH FRANCIS
Prasannakumari W/o. Late Sudhakara Panicker – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
For the Petitioner:Sri. R. Gopan and Sri. Shajin S. Hameed, Advocates
For the Respondents: Sri. K.I. Abdul Rasheed, Addl. Director General of Prosecution

JUDGMENT :

Mr. K.M. Joseph, J.

Petitioner is the mother of the detenu detained under the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007 (herein after referred to as 'the Act'). Petitioner's son has been detained vide Ext.P1 order passed by the District Magistrate, Thiruvananthapuram dated 13.8.2011. Ext.P1 order was preceded by Report of the Superintendent of Police dated 28.7.2011. There are six crimes referred to as the basis for the order of detention. They are as follows:

(I) Crime No.18/07 of Neyyar Dam Police Station under Section 323, 324 & 34 IPC. The incident allegedly took place on 19.1.2007. The case is said to be charge sheeted and pending trial. It is alleged that the detenu and his associates manhandled the complainant brutally.

(ii) Crime No.190/07 of Neyyar Dam Police Station under Section 27 of the Arms Act. We may straightaway say that though they were referred to by the Superintendent of Police, the order of detention reveals that they are not considered by the detaining authority. Therefore, we need refer the other four crimes. They are as follows:

(iii) Crime No.27/08 of Neyyar Dam Police Station under Section 452, 427, 323 & 354 of IPC. The










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