PREVENTIVE DETENTION IS NO SUBSTITUTE FOR BAIL CANCELLATION

Name of the Case: DHANYA M v. THE STATE OF KERALA

Neutral Citation: 2025 INSC 809

Honourable Supreme Court’s Bench: Justice Sanjay Karol and Justice Manmohan

Date: 6th June 2025

The Appellant filed the appeal that arises from the Final Judgment passed by the Hon’ble Kerala High Court direction that the husband of the appellant, Rajesh, to be kept under preventive detention in prison in terms of Section 3 of Kerala Anti-Social Activities (Prevention) Act, 2007 was affirmed. The issue that lies before the Hon’ble Court is whether the preventive detention of the detenu is in accordance with law or not. The Hon’ble Court observed that the detention order does not ascribe any reason as to how the actions of the detenu are against the public order of the state. It was further alleged by the authority that the detenu is violating the conditions of bail imposed upon him however, no application has been filed by the Respondent-State for violation of such conditions. Therefore, the Judgment passed by the Hon’ble Kerala High Court is hereby set aside.1

  1. https://api.sci.gov.in/supremecourt/
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Adv. Saju Jakob

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