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Judgment
4 paragraphs · 179 wordsA.Muhamed Mustaque, J.
Petitioner, who is the wife of the detenue challenges the detention order issued under the provisions of the Kerala Anti-Social Activities (Prevention Act, 2007. This is the second detention order. The detenue is still in judicial custody and facing trial for the last prejudicial activity occurred on 24.07.2023. The detention order was passed on 13.12.2023. The detenue is the 1st accused in the last prejudicial activity. Proceedings were also intiated against the 2nd accused under the KAAPA Act. His detention order was set aside by this Court by judgment in W.P.(Crl.)No.361/2024 stating that delay has not been explained. It is also seen that there is a delay of about four and 19 days and the delay has not been explained in the impugned order. Delay
In the light of the fact that there is no explanation regarding delay in passing the detention order, we set aside the detention order and order to release the detenue forthwith, provided, if he is not otherwise required in any other case under law.
This W.P.(Crl.) is disposed of as above.