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2016 Supreme(Ker) 388

Ammini – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : A. Abdul Hakkim and A. Chandra Babu.
For the Respondents: K.I. Adbul Rasheed, Addl. Director General of Prosecution and M.A. Abdul Kareem, Government Pleader.

JUDGMENT :

K.T. Sankaran, J.

1. Vinod, son of the petitioner, was detained under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act (hereinafter referred to as 'the KAAPA') as per Exhibit P2 order dated 15.7.2015. The detenu was arrested on 18.7.2015. The order of detention was confirmed on 19.9.2015. The detenu is undergoing detention. The detenu is classified as 'known rowdy' under Section 2(p) of the KAAPA. The detenu is involved in five crimes. It is submitted by the learned counsel for the petitioner that the first 4 crimes were registered in the years 2008 and 2009 and the last crime was registered in respect of an occurrence which took place on 7.2.2015. It is submitted that only because of the allegation that the detenu is involved in a crime registered in the year 2015, he has been detained under Section 3(1) of the KAAPA.

2. The acts done by the person concerned within the previous seven years as calculated from the date of the order imposing any restriction or detention becomes relevant to classify the said person as a 'known rowdy' under the KAAPA. All the five crimes registered against the petitioner come within the period of seven years as provided in Sec


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