MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the father of Aneesh @ Ani. Aneesh (hereinafter referred to as the 'detenu' for short) is an accused in Crime Nos.1646/12, 1734/12, 1826/12 and 1450/13 of the Nemom Police Station. On the basis that the offences alleged against the detenu warrant proceedings against him under the Kerala Anti-Social Activities (Prevention) Act , 2007, by classifying him as a "known rowdy" as provided under Section 2(p)(iii) of the Act and by detaining him under Section 3 thereof, the sponsoring authority submitted Exts.P1 and P2 reports to the 3rd respondent, the detaining authority under the Act. Such reports made by the sponsoring authority under Section 3(1) of the Act were considered by the detaining authority, who by Ext.P3 order dated 17/12/13 classified the detenu as a "known rowdy" and ordered that he be detained under Section 3 of the Act. Accordingly, the detenu was arrested and detained on 20/12/13 and since then, he is under detention at the Central Prison, Thiruvananthapuram.

(2.) By Ext.P5 order dated 27/12/13, the Government approved the detention as provided under Section 3(3) of the Act. The detenu submitted Ext.P6 representation through counsel to the Government, which was rejected by Ext.P7 order. The detention was thereafter confirmed by the Government by Ext.P8 order dated 18/2/14 passed under Section 10(4) of the Act. It is in this background this writ petition has been filed challenging Ext.P3 order of detention and with a prayer to set the detenu at liberty by issuing a writ of habeas corpus.

(3.) We heard the learned counsel for the petitioner and the learned Additional Director General of Prosecutions who appeared for the respondents.