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