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2022 Supreme(Ker) 1081

ALEXANDER THOMAS, SOPHY THOMAS
Afsal L. S. S/o Latheef – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Nireesh Mathew, Vivek Venugopal, Babu Jose, Sebin Sebastian, Gajendra Singh Rajpurohit, Mathew Jacob.
For the Respondent: K.A. Anas.

JUDGMENT :

ALEXANDER THOMAS, J.

1. The prayers in the afore captioned Writ Petition (Criminal) seeking for issuance of writs of certiorari and Habeas Corpus in relation to the impugned order of preventively detaining the detenu under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 are as follows:

    “(i) Issue a writ of Habeas Corpus to the respondents to produce the body of the detenu Sri. Ajmal, aged 27 years S/o Latheef, Kochukuttiyil Thekkethil, Parakodu (P.O.) Adoor Village, Pathanamthitta District before this Hon’ble Court and set him at liberty.

(ii) Issue a writ of certiorari or any other writ, order or direction quashing Exhibits P3 and P5 orders.

(iii) And grant such other and further relief, as this Hon’ble Court may deem fit and proper in the interest of justice.

(iv) dispense with the filing of the translation of vernacular documents.”

2. Heard Sri. Nireesh Mathew, learned counsel appearing for the petitioner and Sri. K.A. Anas, learned Prosecutor appearing for the respondents.

3. The brief facts necessary for the disposal of this case are as follows.

4. The petitioner herein is the brother of the detenu. That the 3rd respondent District Police Chief (Spon

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