NEENU T. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the wife of the detenu, Kalesh, who is undergoing detention under Sec. 3 of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAAPA' for brevity). Ext.P1 detention order was issued on 26/3/2024 and the same was executed on 28/3/2024.

(2.) Sri. M.H.Hanis, the learned counsel appearing for the petitioner submitted that in the instant case, the confirmation order was issued only on 17/7/2024, much beyond the period of three months from the date of execution of the order. According to the learned counsel, the confirmation order having been passed beyond a period of three months, reckoned from the date of execution of the detention order, in view of the principles of law laid down in Deb Sadhan Roy (supra) and Malathy Ravi (supra), the continued detention of the detenu is illegal.

(3.) Sri. K.A.Anas, the learned Public Prosecutor, on instructions, submitted that the order of confirmation was issued only on 17/7/2024.