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2022 Supreme(Online)(KER) 58740

HIGH COURT OF KERALA
K VINOD CHANDRAN, C. JAYACHANDRAN, JJ
ANITA ANTONY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: P.MOHAMED SABAH SAIPOOJA
For the Respondents:ADVOCATE GENERAL OFFICE KERALA, ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
SRI.K.A.ANAS, GOVERNMENT PLEADER

JUDGMENT

Jayachandran, J.

1. Ext.P3 detention order dated 25.01.2022 issued under Section 3 of the Kerala Antisocial Activities (Prevention) Act 2007 [for short, 'KAA(P)A'] is under challenge in this Writ Petition. As per the order impugned, petitioner's son, Jose Antony @ Kalan Jose, (detenu, for short) was directed to be detained in the Central Prison, Thiruvananthapuram for a period of one year.

2. Heard Smt.Sai Pooja, learned counsel for the petitioner and Sri.Anas, learned Government Pleader (attached to the Advocate General), on behalf of the respondents. Perused the records.

3. Ext.P3 order is challenged by the petitioner on the following grounds;

(i) There is delay of 195 days from the date of last prejudicial activity (i.e. 14.07.2021 - the date on which FIR was registered in the last crime bearing No.460 of 2021 of Alappuzha North Police Station) and the date of Ext.P3 order (25.01.2022), thereby severing the live link between the two. The delay is substantial, which is not explained. Even a delay of 4 months was held to be fatal by a Division Bench of this Court in Abhida Beevi v State of Kerala & Others [ 2013 (1) KLT 286 ]

(ii). All conditions stipulated in the order grant

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