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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
SALEENA K.V – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. legal basis for detention under kaa(p) act (Para 1 , 2 , 3) |
| 2. arguments pertaining to bail sufficiency and risk of recidivism (Para 5 , 6) |
| 3. court's rationale for upholding detention order despite bail (Para 7 , 10 , 11) |
J U D G M E N T
Jobin Sebastian, J.
This writ petition is directed against an order of detention dated
29.11.2025, passed against one Abdul Samad, the detenu, under Section 3 (1) of the Kerala Anti-Social Activities (Prevention) Act , 2007 (‘KAA(P) Act’ for brevity). The petitioner herein is the wife of the detenu. The detention order stands confirmed by the Government vide order dated 30.01.2026, and the detenu has been ordered to be detained for a period of six months, from the date of detention
2. As evident from the records, it was based on a proposal dated
05.11.2025 of the District Police Chief, Malappuram, that the jurisdictional authority initiated proceedings against the detenu under the KAA(P) Act. For the purpose of initiating the said proceedings, the detenu was classified as a "known rowdy" as defined under Section 2 (p)
(iii) of the KAA(P) Act.
3. Altogether, four cases in which the detenu got involved have been considered by the juris
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