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2012 Supreme(Ker) 1014

PIUS C.KURIAKOSE, BABU MATHEW P.JOSEPH
Abidha Beevi – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
For the Petitioner:Blaze K. Jose, N. Deepa & Dayana David, Advocates
For the Respondent: K.I. Abdul Rasheed, Addl. State Public Prosecutor

JUDGMENT :

Babu Mathew P. Joseph, J.

The following questions arise for consideration in this Writ Petition:

(i) Whether an offence committed by one of the immediate neighbours in an incident that occurred due to the dispute between them should be omitted from the computation of the number of offences taken into account for deciding whether a person is a known rowdy or not?

(ii) Whether the proceedings under 107 of Criminal Procedure Code initiated against the detenu in this case were sufficient or not for preventing him from committing anti-social activities?

(iii) Whether the detention order passed on 23.6.2012 after the last prejudicial activity allegedly committed by the detenu on 6.2.2012 is vitiated by delay?

2. The petitioner is the mother of the detenu. The detenu was placed under preventive detention with immediate effect at Central Prison, Thiruvananthapuram, by Ext. P1 detention order dated 23.6.2012 passed by the 2nd respondent, the District Magistrate. The 2nd respondent has passed Ext. P1 order exercising his powers under Section 3 of the Kerala Anti-Social Activities (P


























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