LAWS(KER)-2023-6-147

HARIKRISHNAN Vs. STATE OF KERALA

Decided On June 27, 2023
HARIKRISHNAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This writ petition is instituted challenging Ext.P4 order issued under Sec. 15(1)(a) Kerala Anti-Social Activities (Prevention) Act, 2007 (the Act), restraining the petitioner from entering the limits of Thrissur Revenue District for a period of one year.

(2.) Heard the learned counsel for the petitioner as also the learned Government Pleader.

(3.) Ext.P4 order refers to various prejudicial activities committed by the petitioner. The last prejudicial activity referred to in Ext.P4 order is the involvement of the petitioner in Crime No.98 of 2022 of Valappad Police Station. The said crime was reported on 3/2/2022. The petitioner secured anticipatory bail in the case on 2/3/2022 and pursuant to the condition imposed in the order granting anticipatory bail, the petitioner appeared before the police on 6/3/2022. The final report in the case was filed on 30/3/2022. It is thereafter on 9/7/2022, the concerned Station House Officer recommended to the sponsoring authority under the Act for initiation of proceedings against the petitioner under Sec. 15 of the Act. An additional report was also filed by the Station House Officer to the sponsoring authority in this regard on 11/7/2022. Pursuant to the reports aforesaid, on 20/7/2022, the sponsoring authority recommended to the competent authority for initiation of proceedings against the petitioner under Sec. 15 of the Act in order to prevent him from entering the limits of Thrissur Revenue District. Acting upon the recommendation, after giving to the petitioner an opportunity of hearing, the impugned order was passed on 1/9/2022 and the same was served on the petitioner on 6/9/2022.