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2022 Supreme(Ker) 908

K. VINOD CHANDRAN, C. JAYACHANDRAN
Minimol, W/o. Kunjumon – Appellant
Versus
State Of Kerala – Respondent


ORDER :

(Jayachandran, J.)

1. Ext.P1 detention order dated 28.02.2022 issued under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 [for short, 'KAA(P)A'] is under challenge in this Writ Petition. As per the order impugned, petitioner's son, Mohammed Rafi, was directed to be detained for a period of one year in the Central Prison, Thiruvananthapuram.

2. Heard Sri.Jai George, learned counsel for the petitioner and Sri.Anas, learned Government Pleader [attached to the Advocate General] on behalf of the respondents. Perused the records.

3. Ext.P1 order is challenged on the following grounds :

    (i) The detenue does not satisfy the definition of a 'known rowdy' in terms of Section 2(p)(iii) of the KAA(P)A, in as much as, final report has not been filed in the third crime reckoned for the purpose of preventive detention, i.e. Crime No.58 of 2022 of Nooranad Police Station.

(ii) Crime No.226 of 2021 of Nooranad Police Station, the second case reckoned for the purpose of detention, is one initiated on the complaint of a Police Officer. That apart, going by the prosecution allegations, it could be seen that the offence is committed by virtue of the detenue's involvement

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