MARTHA Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition has been directed against an order of detention dtd. 16/7/2025, passed against one Manoj, S/o. Ayyanar (herein after referred to as "detenu") under Sec. 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 ("KAA(P) Act" for brevity). The petitioner herein is the mother of the detenu. The detention order stands approved by the Government vide order dtd. 3/10/2025, and the detenu has been ordered to be detained for a period of six months from the date of execution of the order.

(2.) The records available before us disclose that a proposal was submitted by the Deputy Commissioner of Police, Kochi City, on 20/6/2025, seeking initiation of proceedings under Sec. 3(1) of the KAA(P) Act before the jurisdictional authority. For the purpose of initiation of the said proceedings, the detenu was classified as a 'known rowdy' as defined under Sec. 2(p)(iii) of the KAA(P) Act. For passing the order of detention, the authority reckoned nine cases in which the detenu got involved. The case registered against the detenu with respect to the last prejudicial activity is crime No.112/2025 of Eloor Police Station, alleging commission of offence punishable under Sec. 303(2) r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS).

(3.) We have heard Sri. Charles Devassy, the learned counsel appearing for the petitioner, and Sri.K.A.Anas, the learned Government Pleader.