ANAND MAHADEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Power of preventive action is vested upon the police under Chapter XI of the Code of Criminal Procedure, 1973 (for short 'the Code'). Since the power is capable of being misused, strict interpretation is essential for exercising such extraordinary powers. Sec. 151 of the Code confers power to arrest without a warrant on knowledge of a design to commit a cognizable offence.

(2.) Petitioner is a practicing Advocate. He was arrested in purported exercise of the power under Sec. 151 of the Code. FIR No.1332/2021 of Chavara Police Station was registered against him. The registration of the crime is questioned in this petition under Sec. 482 of the Code.

(3.) The crime was registered alleging the petitioner to be a threat to the peaceful living of the public and that letting him on liberty would lead to breach of peace. The FIR alleges that to prevent commission of such incidents petitioner was being arrested on 25/12/2021, at 1.00 pm and detained.