MANJUSHA K.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the mother of detenu, Midhun P.P @ Kuttappi ('detenu' for the sake of brevity). The petitioner challenges Ext.P1 order of detention dtd. 4/2/2025 passed by the 2nd respondent under Sec. 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 ['KAA(P) Act' for the sake of brevity]. The aforesaid order was approved by the Government vide order No.DCKNR/16026/2024-SSI dtd. 4/2/2025.

(2.) The records reveal that a proposal was submitted by the District Police Chief, Kannur City on 26/12/2024 seeking initiation of proceedings against the petitioner's son under the KAA(P) Act before the jurisdictional authority, the 2nd respondent. For the purpose of initiation of the said proceedings, the detenu was classified as a 'known rowdy' as defined under Sec. 2p(iii) of the KAA(P) Act. The detaining authority has taken into consideration a total of four cases involving the petitioner's son while issuing the impugned order of detention. The details of these cases are provided below:- <IMG>JUDGEMENT_6_LAWS(KER)7_2025_1.jpg</IMG>

(3.) The case registered in relation to the last prejudicial activity is Crime No. 1009/2024 of Panoor Police Station, alleging the commission of offences punishable under Ss. 79, 296, and 351(2) r/w Sec. 3(5) of the Bharatiya Nyaya Sanhita (BNS). The detenu is arrayed as the 1st accused in the said case. The detenu was arrested on 7/12/2024 and released on bail on the same day itself.