SHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the accused in Crime No.1461/2023 of the Ochira Police Station, Kollam, registered against him, for allegedly committing the offence punishable under Sec. 6(3) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (in short, 'Act'). The petitioner was arrested on 20/5/2024.

(2.) The gravamen of the prosecution case is that: by Annexure A2 order, the District Magistrate, Kollam had ordered preventive detention of the accused for a period of six months from the date of order. However, the accused failed to surrender before the Investigating Officer as ordered in Annexure A2 within the stipulated time. Thus, the accused has committed the above offence.

(3.) Heard; Sri.Joseph George, the learned counsel appearing for the petitioner and Smt.Seetha S., the learned Public Prosecutor.