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2024 Supreme(Online)(KER) 35527

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, JOBIN SEBASTIAN, JJ
SHOBHANA P – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
M.H.HANIS, T.N.LEKSHMI, SHANKAR NANCY MOL, P. ANANDHU, P.C., NEETHU.G.NADH, SINISHA JOSHY, ANN MARY ANSEL, SAHAD M. HANIS, RIA ELIZABETH T.J.

JUDGMENT

Raja Vijayaraghavan, J.

The petitioner herein is the mother of Sri. Saneesh. T.K., (‘detenu’ for the sake of brevity), who is undergoing detention consequent to an order passed under Section 3 of the Kerala Anti-Social Activities (Prevention) Act, 2007 (‘KAAP Act’ for the sake of brevity) by the 2nd respondent. The detention order was issued on 5.11.2024 and the same was executed on 6.11.2024.

2. It is based on a proposal dated 4.10.2024 submitted by the District Police Chief, Kannur, that the proceeding under Section 3 (1) was initiated. In its proposal, the District Police Chief has detailed the involvement of the detenu in four cases, all of which were pending before the jurisdictional court awaiting trial. The details of the cases in which the petitioner got himself involved are as under:

Sl. No.Crime No.Police StationDate of occurrenceSections involvedStatus of case
132/2018Palloor07.05.2018u/s.148, 341, 120(b), 212, 302, 109, 201 r/w. Section 149 of the IPC.SC.No.19/2022
2117/2019Palloor10.04.2019u/s. 4 of the Explosive Substances Act r/w. 34 of the IPC.PRC. No.04/2022
320/2023Palloor15.04.2023u/s.148, 341, 323, 324, 294(b), 326, 506(ii) r/w. 149 of the IPC.Pending trial

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