High CourtsDivision Bench

Sudeesh K S vs State Of Kerala

High Court Of Kerala · Decided on 14 November 2023 · Citation: (2023) 11 KL CK 0169

HON’BLE JUDGES
A.Muhamed Mustaque, J · Shoba Annamma Eapen, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (Crl.) No. 1167 Of 2023
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Judgment

4 paragraphs · 146 words

A. Muhamed Mustaque, J.

1.

This writ of Habeas is filed by the brother of detenu. The detention order was passed invoking provisions under the Kerala Antisocial Activities Prevention Act, 2007. The detenu has been released on 09.11.2023. The petitioner anticipates detention order in future as well, as a continuation of this order. Therefore, the petitioner submits that the matter has to be heard as the order impugned is ex-facie illegal.

2.

Any attempt by the Court to decide the legality of the impugned order would only an academic exercise inasmuch as no relief can be granted to the petitioner. However, considering the apprehension as above, we give liberty to the petitioner to raise the challenge as against the legality of the impugned order in future, if petitioner is having cause of action to challenge any future order.

With liberty as above, the W.P.(Crl.) is dismissed.