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2009 Supreme(Online)(KER) 7105

HIGH COURT OF KERALA
R.BASANT, M.C.HARI RANI, JJ
BINOY JOSE – Appellant
Versus
THE DISTRICT MAGISTRATE AND ANOTHER – Respondent


J U D G M E N T

Basant,J The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to produce Martin Antony who stands detained by an order of detention passed under Sec.3 of the Kerala Anti-Social Activities (Prevention) Act, 2007 by the 1st respondent and to set him at liberty.

2. The said Martin Antony (hereinafter referred to as `the detenu') is the brother of the petitioner. The 2nd respondent - the Superintendent of Police, Kottayam, by Ext.P3 report dated 1/8/09 sponsored the detenu for detention under Sec.3 of the KAAPA. Ext.P3 was received by the 1st respondent who proceeded to pass the impugned order - Ext.P1 dated 1/10/09. The detenu was arrested on 4/10/09. He continues in detention from that date. The order of approval under Sec.3(3) of the KAAPA has already been passed. The order under Sec.10(4) of the KAAPA has not so far been passed.

3. The detenue is classified as a known rowdy. He is allegedly involved as many as 8 cases. In one of those 8 cases, W.P.Crl No.451/09 2 the incident had taken place in 2009; whereas in all the other cases, the incident had taken place between 4/12/2002 and

8/9/2007. We give below a brief resume of the sa

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