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2024 Supreme(Ker) 753

RAJA VIJAYARAGHAVAN V., G. GIRISH
Kumari A. V. – Appellant
Versus
State Of Kerala Represented By The Principal Secretary To Government, Home And Vigilance Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M.H.Hanis, P.M.Jinimol, T.N.Lekshmi Shankar, Nancy Mol P., Anandhu P.C., Neethu.G.Nadh, Ciya E.J.
For the Respondent:Advocate General Office Kerala, Addl.Director General Of Prosecution(Ag-11), Sri K A Anaz, Public Prosecutor

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,

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