LEKHA Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) Vishnu, the husband of the petitioner, has been detained under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act (hereinafter referred to as 'the KAAPA') as per Exhibit P1 order of detention dated 20.3.2015. Exhibit P1 order was executed on 26.3.2015. Exhibit P2 grounds of detention was served on him. The order of detention was confirmed under Section 10(4) of the Act on 19.5.2015. The order of detention and the continued detention are under challenge in this Writ Petition.

(2.) The detenu is involved in eight crimes registered at Kazhakkoottam Police Station in 2009, 2011, 2012 and 2014. In all the cases, final reports were filed and the cases are pending before the respective courts. In Crime No.262 of 2009 of Kazhakkoottam Police Station, final report was filed on 26.12.2011 and it was pending as C.P.No.28 of 2012. It is stated that now the case is pending as C.P.No.110 of 2014 due to non-appearance of the accused. In respect of crime No.176 of 2011, it is now pending before the Sessions Court as S.C.No.814 of 2013.

(3.) The order of detention further shows that M.C.No.254 of 2012 was registered under Section 107 of the Code of Criminal Procedure and as per the order passed by the Magistrate, the detenu had executed a bond on 26.3.2014. It is alleged that even thereafter, the detenu committed three crimes in the year 2014. Exhibit P1 order of detention was passed on the ground that the detenu satisfied the definition of known rowdy and he was indulging in anti-social activities.