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2023 Supreme(Ker) 420

P. B. SURESH KUMAR, C. S. SUDHA
Ambika B. W/o Ajayakumar – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M.H. Hanis.
For the Respondent: K.A. Anas.

JUDGMENT :

P.B. SURESH KUMAR, J.

1. This writ petition (Crl) is instituted seeking a writ of habeas corpus directing the respondents to produce the body of Ajeesh, the son of the petitioner who is detained in terms of Ext.P1 order issued under Section 3 of the Kerala Anti-social Activities (Prevention) Act, 2007 (the Act), and set him at liberty. The petitioner seeks the relief aforesaid on the premise that the detention of her son is illegal.

2. Ext.P1 order proceeds on the premise that the detenu, who is a 'known rowdy' in terms of the provisions of the Act, needs to be detained in order to prevent him from committing further anti-social activities. It is alleged in Ext.P1 order that the detenu has indulged in various prejudicial activities, the last of which is his involvement in Crime No. 360 of 2022 of Nagarur Police Station. The occurrence which is the subject matter of the said crime took place on 30.07.2022. The detenu was arrested in the case on 31.07.2022 and he was released on bail on 24.08.2022. It is seen that the need to detain the detenu under the Act was brought to the notice of the sponsoring authority by the Station House Officer, Nagarur on 06.09.2022. Promptly, the

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