LAWS(KER)-2012-3-234

BEEFATHIMA K Vs. STATE OF KERALA

Decided On March 30, 2012
BEEFATHIMA.K., AGED 52 YEARS W/O.ABDULLA, KURUNDUR HOUSE, NHANIKADAVU KANHANGAD VILLAGE, KASARAGOD DISTRICT. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONER is the mother of the detenu who is detained under the provisions of the Kerala Anti-Social Activities (Prevention) Act (hereinafter referred to as 'the Act'). PETITIONER was detained by Ext.P6 order dated 2.11.2011.

(2.) WE heard the learned counsel for the petitioner and learned Additional Director General of Prosecutions. The detenu is detained on the basis of five cases and treating him as a known rowdy. One of the cases is Crime No.726/2011 of Hosdurg Police Station under Section 454, 392 of Indian Penal Code. Though the petitioner has urged few contentions before us, we feel that we need only refer to one or two of the same.

(3.) IN the result, we allow the Writ Petition (Criminal) and quash Ext.P6 order of detention and we further direct that the detenue Sri.Arshad, S/o.Abdulla who is detained at Central Prison, Kannur shall be released forthwith unless his detention is wanted in connection with any other case. Registry will communicate this direction to the concerned prison Authorities forthwith.