SARATH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a writ petition filed under Article 226 of the Constitution of India, challenging Ext.P1 detention order dtd. 7/10/2025 passed against the petitioner/detenu under Sec. 3(1) of the Kerala Anti- Social Activities (Prevention) Act, 2007 [KAA(P) Act for the sake of brevity]. The said order stands confirmed by the Government, vide order dtd. 10/12/2025, and the detenu has been ordered to be detained for a period of six months with effect from the date of detention.

(2.) The records reveal that, on 21/8/2025, a proposal was submitted by the District Police Chief, Thirssur City, seeking initiation of proceedings against the detenu 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. 2(p)(iii) of the KAA(P) Act. Altogether, five cases in which the detenu got involved have been considered by the jurisdictional authority for passing the detention order.

(3.) Out of the said cases considered, the case registered with respect to the last prejudicial activity is crime No.581/2025 of Kunnamkulam Police Station, alleging the commission of offences punishable under Ss. 126(2), 115(2), 118(1), 118(2), 109(1), 238(b) r/w 3(5) of the Bharatiya Nyaya Sanhita (for short "BNS").