JUDGMENT :

Raja Vijayaraghavan, J.

The mother of a person detained under Section 3 of the Kerala Anti Social Activities (Prevention) Act, 2007 (‘KAAPA’ for brevity) has approached this Court with this petition filed under Article 226 of the Constitution of India seeking to quash Ext.P1 detention order and to set him at liberty.

2. Introductory Facts:

Ext.P1 order, which is impugned in this Writ Petition, was issued on 16.5.2024 on being satisfied, both objectively and subjectively, that a detention order under Section 3(1) of the KAAPA is to be issued to prevent the detenu, classified as a “known rowdy” as defined under Section 2(p) r/w. Section 2(t) of the KAAPA, from continuing to perpetrate any anti-social activity.

3. Detenu was arrested on 18.5.2024 and he is undergoing detention.

4. Previous history of the Detenu:

In Ext.P1 order, the entire criminal history of the detenu including previous cases in which he got himself involved and three other cases that were not reckoned for passing the detention order has been mentioned. Brief details of the case are as under:

i) Crime No. 164 of 2024 registered under Sections 341, 323, 324, 307 r/w. Section 34 of the IPC registered on 17.2.2024, wherein the detenu is arrayed as the 1st accused. The detenu was arrested on 28.2.2024 and he remains in custody.

ii) Crime No. 62 of 2021 registered on 25.1.2021 for offences under Sections 143, 147, 148, 452, 427, 294(b), 506(ii) r/w. Section 149 of the IPC wherein the detenu is arrayed as the 2nd accused. The final report has been laid in the aforesaid case on 3.9.2021 and the case is pending as C.C.No.819 of 2021 before the Judicial Magistrate of the First Class-III, Thrissur. The detenu was granted anticipatory bail by this Court and he executed the bond on 3.4.2021.

iii) Crime No. 151 of 2019 registered under Sections 341, 323, 324, 506(ii), 294(b), 308 r/w. Section 34 of the IPC wherein the detenu is arrayed as the 8th accused. In the said case, the final report was laid on 6.9.2021 and the case is pending before the jurisdictional Magistrate. The detenu was granted anticipatory bail by this Court and he has been on bail since 7.4.2021.

5. In addition to the above cases, the detenu was involved in three other cases as well. However those cases were not taken into consideration for classifying him as a ‘known rowdy’. Those cases are:

(a) Crime No. 765 of 2019 registered under Sections 308, 323, 324, 506, 212 r/w. Section 34 of the IPC.

(b) Crime No.1189/2019 registered under Sections 143, 147, 148, 354, 427, 326, 452, 212 r/w. Section 149 of the IPC.

(c) Crime No. 1191 of 2019 registered under Sections 143, 147, 148, 452, 427, 212, r/w. Section 149 of the IPC.

6. The 2nd respondent has also noted in the order that proceedings were initiated under Section 110(e) of the Cr.P.C. based on the recommendation of the Station House Officer, Ollur Police Station, and M.C.No. 272 of 2024 has been registered by the Sub Divisional Magistrate. However, the detenu has not taken bail in the said case.

7. Though a specific condition was imposed in all the orders granting bail to the detenu that he shall not involve himself in any offence, he has continuously violated the said condition. The investigating officer concerned has filed applications seeking to cancel the bail granted and the same is pending.

8. The detaining authority has mentioned in the order that though the detenu has not filed an application for bail in Crime No. 164 of 2024, there is every likelihood that the detenu may move a bail application and he is likely to be released on bail. It is stated that if immediate measures are not taken, the detenu may continue to perpetrate anti-social activities.

9. Contentions of the petitioner

a) The detention order was issued on 16.5.2024, and the detenu was arrested on 18.5.2024. However, the date of sponsorship shown in the detention order is vague as it is shown as 0/4/2024. This date is crucial for determining whether there is a live link between the prejudici