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2026 Supreme(Online)(Ker) 1322

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
MUHAMMED KUNJI T.M – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.M.H.HANIS, SMT.T.N.LEKSHMI SHANKAR, SMT.NANCY MOL P., SMT.NEETHU.G.NADH, SMT.RIA ELIZABETH T.J., SHRI.SAHAD M. HANIS, SHRI.MUHAMMAD A. P.
For the Respondents: SRI.K.A.ANAS, PUBLIC PROSECUTOR

Table of Content
1. challenge against detention order under preventive laws. (Para 1 , 2)
2. consideration of delays and reasons for detention order execution. (Para 5 , 6 , 7)
3. court's directive to release if no pending cases. (Para 8)

Jobin Sebastian, J.

This writ petition is directed against an order of detention dated

03.09.2025, passed against one Aboobaker Sidique, S/o. Muhammed Kunji T.M (herein after referred to as 'detenu'), under Section 3 (1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 [KAA(P) Act for the sake of brevity]. The petitioner herein is the father of the detenu.

2. The records reveal that on 22.07.2025, a proposal was submitted by the District Police Chief, Kasaragod, the 3rd respondent, seeking initiation of proceedings against the detenu under Section 3 (1) of the KAA(P) Act, before the jurisdictional authority, the 2nd respondent. Altogether, five cases in which the detenu got involved have been considered by the jurisdictional authority for passing the impugned detention order.

3. Out of the said cases considered for passing Ext.P1 detention order, the case registered with respect to the last prejudicial activity against the detenu is Crime N

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