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Judgment
A. Muhamed Mustaque, J.
The petitioner is the mother of detenu. The detenu has already suffered a detention order under the Kerala Anti-Social Activities (Prevention) Act, 2007. This is the second detention order and he has already undergone detention for a period of seven months.
It is to be noted that he is involved only in one case after the first detention order and that too, on account of a dispute with the neighbour. There is a case and counter case. The nature of allegations attributed to the detenu would clearly establish that the activities of the detenu would only qualify to attract the elements vitiating law and order and not a public order. Further, we note that this being a dispute with neighbour, which comes under Proviso (ii) to Section 2p(iii) of the Kerala Anti-Social Activities (Prevention) Act, 2007, this cannot be reckoned for the purpose of passing a detention.
In the light of the above, we set aside the impugned order. The detenu shall be released forthwith, provided, if his custody is not otherwise required in any other case under law.
This W.P.Crl. is disposed of as above.