SANDHYA Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Writ Petition is filed by the wife of one Dinesh Lal @ Vavachi (hereinafter referred to as 'the detenu' for short), challenging Exhibit P1 order of detention issued by the 2nd respondent, detaining the detenu under the provisions of the Kerala Anti Social Activities(Prevention)Act, 2007 (hereinafter referred to as 'the Act' for short).

(2.) THE detenu is an accused in Crime No.176/2009 of the Punalur Police Station and in Crime Nos.1082/10, 1083/10, 83/12, 1215/13 and 1669/13 of the Kilikollur Police Station. The offences alleged against the detenu are those enumerated in Section 2(t) of the Act. In such circumstances, pointing out that though by Crime No.1295/13, proceedings under Section 107 of the Cr.P.C. were already initiated against the detenu, that did not yield the desired result of preventing him from continuing his anti social activities, the 4th respondent submitted Exhibit P4 preliminary report to the 3rd respondent stating that action has to be initiated under the Act for the preventive detention of the detenu.

(3.) WE heard the learned counsel for the petitioner and the learned Additional Director General of Prosecution, appearing for the respondents.