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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
SHERLY – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge to detention under kaap act. (Para 1 , 2) |
| 2. contentions regarding judicial custody and bail. (Para 4 , 12) |
| 3. government's arguments on necessity of detention. (Para 5 , 14) |
| 4. legal framework regarding preventive detention. (Para 6 , 8) |
| 5. conclusion affirming detention order. (Para 11) |
Jobin Sebastian, J.
The petitioner herein is the mother of one Athulya Robin ('detenu'
for the sake of brevity), and her challenge in this Writ Petition is directed against Ext.P5 order of detention dated 14.10.2025, 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 10.12.2025, and the detenu has been ordered to be detained for a period of six months from the date of detention.
2. The records reveal that it was on 09.09.2025 that a proposal was submitted by the District Police Chief, Palakkad, seeking initiation of proceedings against the detenu under the KAA(P) Act before the jurisdictional authority, the 2nd respondent. Altogether, two cases in which the detenu got involved have been considered by the jurisdiction
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