LUCIYA FRANCIS Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is at the instance of the mother of George Francis, who has been detained pursuant to an order passed under the Kerala Anti-Social Activities (Prevention) Act, 2007 [hereinafter referred to as the "KAA(P)A"]. The detenue has been detained classifying him as a known goonda, as referable under Sec. 2(oi) of the KAA(P)A. Sec. 2(oi) defines 'known goonda' as follows:

(2.) The learned counsel for the petitioner, referring to Sec. 2(i) read with Sec. 2(j) argues that the detenue cannot be either treated as a drug offender or as a gunda within the statutory provisions as above. It is appropriate to refer Ss. 2(i) and 2(j) which reads thus:

(3.) According to the petitioner, the offences enlisted as Nos.2 and 3 are petty offences and he was sentenced to pay fine of Rs.2000.00 and Rs.1000.00 respectively. It is further submitted that in respect of the offence enlisted as No.1, no final report was filed even after the lapse of more than 4 years. It is further submitted that in respect of offence No.4, the detenue and the defacto complainant compromised and based on the compromise, the detenue was enlarged on bail.