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2024 Supreme(Ker) 846

RAJA VIJAYARAGHAVAN V., G. GIRISH
Suneera T. , W/o. Abdul Latheef – Appellant
Versus
State Of Kerala, Represented By The Additional Chief Secretary To Government, Home And Vigilance Department, Government Secretariat – Respondent


Advocates 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 Respondents:Advocate General Office Kerala, Addl.Director General Of Prosecution(AG-11)
Other Present : Sri K.A. Anas, Public Prosecutor.

JUDGMENT :

(Raja Vijayaraghavan, J.) :

The above Writ Petition is filed seeking for issuance of a writ of Habeas Corpus and mounts a challenge against Ext.P1 order passed by the 2nd respondent. The prayers sought are as follows:

    i. Call for the records leading to Exts.P1 and quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction;

ii. issue a writ of habeas corpus commanding the respondents to produce the body of the detenu, Sri. Abdul Latheef, aged 32 years, S/o. Muhammed, Puliyanmadathil House, Vattalloor P.O., Kuruva, Malappuram District, PIN - 676 507, the husband of the petitioner who is illegally detained in Central Prison, Viyyur before this Hon'ble Court and set him at liberty forthwith.

2. The petitioner herein is the wife of Sri. Abdul Latheef. Sri Latheef has been ordered to be preventively detained, in terms of Ext.P1 detention order dated 16.04.2024 issued by the 2nd respondent under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (‘KAAP Act’).

3. The brief facts leading to this case are as follows:

    a) The District Police Chief, Malappuram has furnished a report dated 18.03.2024 before the 2nd respo

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