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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
USHA S – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge to detention order based on prior judicial custody. (Para 1 , 2 , 10) |
| 2. arguments concerning the legality of detaining while in judicial custody. (Para 4 , 5 , 14) |
| 3. court's reasoning on preventive detention necessity. (Para 6 , 16) |
| 4. approval of criteria for detention while the detenu is captive. (Para 7 , 12 , 13) |
| 5. conclusion of the petition dismissal. (Para 19) |
JUDGMENT
Jobin Sebastian, J.
The petitioner herein is the mother of one Akash @ Ananthu, S/o. Ajith Kumar ('detenu' for the sake of brevity), and her challenge in this Writ Petition is directed against Ext.P1 order of detention dated 20.06.2025, passed by the 2nd respondent under Section 3 (1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (‘KAAP Act’ for brevity). The said detention order stands confirmed by the Government vide order dated 22.08.2025 and the detenu has been ordered to be detained for a period of one year.
2. The records reveal that it was on 24.05.2025 that a proposal was submitted by the Deputy Commissioner of Police, Thiruvananthapuram City, seeking initiation of proceedings against the detenu under the KAA(P) Act before the jurisdictional authority, the 2nd res
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