PRAMEELA BINEESHKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the wife of the detenue, Bineesh Kumar @ Kuttappi, aged 48 years, S/o. Sadanandhan, Ettungal Padi, Near G.L.P.S. Kanjikode, Palakkad, now residing at Karthika House, Chemmannamkaadu, Mukroni, Kanjikode, Palakkad, filed this writ petition under Article 226 of the Constitution of India, challenging Ext.P1 order of detention dtd. 3/3/2026 issued by the 2nd respondent District Magistrate, under Sec. 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (the 'KAA(P) Act' for short), and Ext.P3 order dtd. 19/4/2026 issued by the 1st respondent State under Sec. 10(4) of the KAA(P) Act, ordering continuation of Ext.P1 order for a period of one year from the date of detention.

(2.) To order preventive detention of the detenue by classifying him as a 'known rowdy', the authorities have taken into consideration altogether seven criminal cases in which the detenue was involved. Among them, the last prejudicial activity is Crime No.764 of 2025 of Kasaba Police Station, registered for the offences under Ss. 132 and 121(1) of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short). In the last prejudicial activity, the detenue was arrested on 25/11/2025. Though he was granted bail in the last prejudicial activity, he continued in judicial custody in crime No. 193 of 2025 of Kozhinjampara Police Station registered for the offences under Ss. 126(2), 115 (2), 351(2) 310(2), 61(1)(a) and 111(1)(i)(ii)(3) of the BNS. While the detenue was in judicial custody in that crime, the sponsoring report was submitted by the 3rd respondent, District Police Chief, Palakkad, on 30/12/2025 to the 2nd respondent. Based on that report, the 2nd respondent issued Ext.P1 order under Sec. 3(1) of the KAA(P) Act on 3/3/2026. Ext.P1 order was executed on 5/3/2026. Being aggrieved, the petitioner is before this Court with this petition seeking a writ of Habeas Corpus and Certiorari.

(3.) Along with a memo dtd. 11/8/2026, the learned Senior Government Pleader produced a statement of facts filed by the District Police Chief, Palakkad, detailing the steps taken in the matter to order preventive detention of the detenue and opposing the contentions in the writ petition.