LAWS(KER)-2023-11-5

SREEJA Vs. STATE OF KERALA

Decided On November 08, 2023
SREEJA Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The issue that arises in this writ petition after hearing the learned Counsel for the petitioner and the learned Government Pleader is that whether this Court can modify the period of detention of the detenue under the Kerala Anti-Social Activities (Prevention) Act, 2007 (for short "the KAAPA Act").

(2.) Having gone through the impugned order, we find no reason to interfere with this order, inasmuch as the same was issued to secure the public order. The petitioner herein is a lady, who is involved in more than 19 cases. All most all the cases of the petitioner are related under Sections 406 and 420 of IPC.

(3.) When a person indulge in anti-social activity, which has become a pattern, then it becomes an issue related to public order. In that sense, we find no reason to interfere with the impugned order. However, the learned Counsel for the petitioner submitted that, the petitioner is a lady and her daughter is in her advanced stage of pregnancy. It is further submitted that an order may be issued to release her to take care of her daughter and child. It is in this context, the question relating to the modification of the detention order arises for consideration before this Court.