(1.) The petitioner is the mother of one Pranu Babu, who is under detention by Ext.P1 order dated 26.10.2016 of the District Magistrate, Kannur under the provision of Sec. 3 read with Sec. 13(2)(i) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (for short "the KAAPA") and is currently lodged in the Central Prison at Viyyur. The detenu was earlier placed under detention with effect from 13.08.2012 to 08.02.2013 under Sec. 3(1) of the KAAPA for being a knownrowdy. Consequent to his release, he was involved in two criminal cases. Crime No.117/2015 was registered at Kathiroor Police Station for offences punishable under Sections 143, 147, 148, 452, 427 and 324, read with Sec. 149 of I.P.C. and crime No.915/2016 was registered at Kuthuparamba Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 307, 302 read with Sec. 149 of I.P.C. and under Sections 3 and 5 of the Explosive Substances Act. On request made by the District Police Chief, Kannur on 26.08.2016 Ext.P1 order was passed.
(2.) It is contended by the petitioner that despite Ext.P1 order being passed, no action was taken to detain the detenu, though he was available in the locality. The detenu surrendered before the Judicial First Class Magistrate, Kuthuparamba on 27.03.2018 in Crime No.1708/2016 of Kuthuparamba Police Station, and bail was rejected by the Sessions Court, Thalassery vide Ext.P2 order dated 25.05.2018.
(3.) The detenu preferred a representation before the Government on 09.04.2018 challenging Ext.P1 order. But the same was rejected as per Ext.P4 order dated 27.04.2018 and thereafter the detenu was formally arrested in execution of Ext.P1 order, after obtaining permission from the Judicial Magistrate, Kuthuparamba, while he was in judicial custody.