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2025 Supreme(Online)(SC) 4986

SUPREME COURT OF INDIA
Sanjay Karol, J
DHANYA M – Appellant
Versus
STATE OF KERALA & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: [List of names]
For the Respondents: [List of names]

JUDGMENT

Sanjay Karol, J.

Leave Granted.

2. The present appeal arises from the final judgment and order dated 4th September, 2024 passed by the High Court of Kerala at Ernakulam in WP(CRL)No.874/2024, whereby the order dated 20th June, 2024 passed by the District Magistrate, Palakkad, directing the husband of the appellant, Rajesh, Hereinafter “detenue” to be kept under preventive detention in prison in terms of Section 3 of Kerala Anti-Social Activities (Prevention) Act, 2007 , Hereinafter “the Act” was affirmed.

3. The brief facts giving rise to the present appeal are that the detenu is running a registered lending firm in the name of ‘Rithika Finance’. On 20th June, 2024, the District Magistrate, Palakkad, issued an order of detention under Section 3 (1) of the Act, in furtherance of Recommendation No.54/Camp/2024-P- KAA(P)A dated 29th May, 2024 by the Palakkad District Police Head. It was stated therein that the detenu is a ‘notorious goonda’ of the district and is a threat to the society at large. The following cases were considered for such declaration:

i. Crime No.17/2020 under Section 17 of Kerala Money Lenders Act, 1958 , and Section 3 , 9(1)(a) of Kerala Prohibition of Chargin

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