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2019 Supreme(Online)(KER) 11294

HIGH COURT OF KERALA
SHAJITHA SUNEER – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['VIPIN NARAYAN', '', 'SRI VISHNU BABU', 'SRUTHY N BHAT', 'ADDL DIRECTOR GENERAL OF PROSECUTION']

~ ~ ~ ~ ~ ~ ~ ~ ~

Nagaresh, J.

Wife of a detenu who is accused in as many as 14

crimes since 2015, seeks to quash Ext.P1 detention order and

to produce the body and set the detenu at liberty, by issuance

of a writ of Habeas Corpus.

2.

The petitioner states that the 3rd respondent-District

Police Chief submitted Ext.P5 report dated 17.12.2018, based

on which her husband Suneer @ Noorudheen has been

detained as per Ext.P1 detention order dated 15.01.2019

issued under Section 3(i) of the Kerala Anti-Social Activities

(Prevention) Act, 2007 ('KAAPA', for short) . The order was

executed on 17.01.2019 and the grounds of detention was

served on the detenu. Ext.P1 order has been passed without

due and proper application of mind, contends the petitioner.

3.

Ext.P1 detention order would reveal that the

following are the 14 cases taken into account for treating the

detenu as 'Known Rowdy' as defined under Section 2(p)(ii)(iii)

of KAAPA:-

1. Crime No.707/2015 under Sections 341,

323 read with Section 34 IPC of Vadakkekkad

Police Station.

2. Crime No.828/2015 under Sections 341,

506(i), 294(b) read with Section 34 IPC of

Vadakkekkad Police Station.

3. Crime No.996/2014 under Sec

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