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2024 Supreme(Ker) 735

RAJA VIJAYARAGHAVAN V., G. GIRISH
Naseema K. N, W/O Nizar M, Nazna Manzil – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ABDUL RAOOF PALLIPATH, K.R.AVINASH (KUNNATH), E.MOHAMMED SHAFI, PRAJIT RATNAKARAN
For the Respondent:ADVOCATE GENERAL OFFICE KERALA, ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11), SRI KA ANAZ, PP

JUDGMENT :

Raja Vijayaraghavan, J.

The petitioner is the mother of Sri. Nibras K.N., (the detenu). This Writ Petition is filed challenging Ext.P2 order of detention passed by the 2nd respondent under Section 3(1) of the Kerala Anti Social Activities (Prevention) Act, 2007. The prayer in this writ petition is to quash the said order and to set him at liberty.

2. Short facts:

2.1 By a report dated 17.01.2024, a proposal was submitted by the District Police Chief, Kannur to the authorized officer under Section 3(1) of the Act. In the said report, it was mentioned that the detenu was continuously engaging in anti-social activities and to prevent him from doing so, necessary orders were required to be passed under KAAPA to classify the detenu as a “known rowdy”. In the proposal, details of 5 cases were provided, out of which, in four cases the final report had already been laid and in one case the investigation was pending.

2.2 Details of the cases in which the detenu was involved are as under:

    (i) Crime No. 890 of 2019 of the Valapattanam Police Station, registered under Sections 341 and 332 r/w. Section 34 of the IPC, and Sections 146, and 147 of the Railway Act, 1989. The detenu is arrayed

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