AMMINI Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) Petitioner, the mother of one Satheesh @ Sinderla has filed this writ petition with a prayer to set aside Ext.P1 order of detention issued under Section 3 of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as 'the Act' for short) and to set his son at liberty.

(2.) The detenu is accused in Crime Nos.441/2006, 253/09, 5/2012 and 303/05 of Viyyur Police Station, Crime No.612/09 of the Peechi Police Station, Crime No.704/2010 of the Mannuthy Police Station and Crime Nos. 371/11 and 1260/12 of the Wadakkancherry Police Station. Based on the above, the Station House Officer of the Peechi Police Station submitted Ext.P2 report to the District Police Chief, Trichur requesting that steps be initiated for getting him classified as "known rowdy" as defined in Section 2(p)(iii) of the Act and for his detention as provided under Section 3 of the Act. Based on the above report, the District Police Chief, Trichur made a report under Section 3(1) of the Act to the 2nd respondent on 21/3/13. Based on the above, the 2nd respondent issued Ext.P1 order under Section 3(2) of the Act dated 24/4/13. In that order, the detenu was classified as a known rowdy under Section 2(p) of the Act and in order to prevent him from continuing his anti-social activities as defined under Section 2(a) of the Act, he was ordered to be detained.

(3.) Pursuant to Ext.P1 order, the detenu was arrested and detained on 2/5/13. The detaining authority reported the matter forthwith to the Government and the Government approved his detention under Section 3(3) of the Act by Ext.P10 order dated 8/5/13. Later, the matter was referred to the Advisory Board constituted under Section 8 of the Act and the Advisory Board made its report and on that basis, the Government confirmed the detention under Section 10(4) of the Act by issuing Ext.P11 order dated 4/7/13. It is in this background, the petitioner has filed this writ petition seeking to invalidate the proceedings and to set her son at liberty.