USHAMARY Vs. STATE OF KERALA

JUDGEMENT

(1.) The mother of the detenu is the petitioner in this case. This is the second detention order of the detenu. The detention order was passed on 25/3/2023. He is detained since 29/3/2023. Five cases were considered for passing the detention order. All the crimes were committed within the Anchalummoodu Police Station. The following are the details of the crime. <FRM>JUDGEMENT_151_LAWS(KER)2_2024_1.html</FRM>

(2.) According to the petitioner, all the cases registered against the detenu are trivial nature and therefore, the order passed under the Kerala Anti-Social Activities Prevention Act, 2007 (for short 'KAAPA Act') is legally unsustainable. The learned counsel further argued that the mother of the detenu is undergoing treatment and she requires the presence of the detenu.

(3.) It is to be noted that this being a second detention order, only one case is required for passing the detention order. The sponsoring authority was prompt on submitting the report. The delay involved around two months has also been well explained in the order.