Anita Antony vs State Of Kerala on 10 June, 2022
6. In response, Sri K.A. Anas, the learned Public Prosecutor, submitted
that the detention order was served on the detenu in both English and
Malayalam, along with a complete set of the proposal, which the detenu duly
WP(CRL.) NO. 743 OF 2025 2025:KER:51921
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acknowledged. Reliance is placed on the judgment rendered by this Court in
Anita Antony v. State of Kerala and Ors.2, and it was argued that
proceedings under 107 of the Cr.P.C. are in the nature of security for keeping
peace and public tranquility and is not an alternative to a proceeding under
Section 3 of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAA(P) Act'
for the sake of brevity). It is submitted that the very same principles would be
applicable in the case on hand. Insofar as the conditions in the bail order is
concerned, the learned Public Prosecutor urged that the detaining authority took
note of the involvement of the detenu in three cases, involving the Narcotic Drugs
and Psychotropic Substances Act, 1985, and five other cases under the IPC, and
was of the view that the stringent conditions imposed by the jurisdictional Court
in the earlier crimes did not deter the detenu from indulging in crimes one after
the other. It is submitted that the detenu is a person who gives scant respect to
the bail conditions and is a repeat offender.