ARUNKUMAR Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The questions involved in this Writ Petition are: (1) Whether a person who apprehends that an order under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as "the KAAPA") is likely to be passed against him is entitled to insist that he should be heard by the District Magistrate before passing the order of detention and whether the person concerned should get an opportunity to make a representation against the proposed order; and (2) Whether a person who apprehends that an order under Section 3 of the KAAPA would be issued against him is entitled to invoke Article 226 of the Constitution of India for the issue of a writ of mandamus commanding the District Magistrate to hear him before passing an order of detention under Section 3(1) of the KAAPA.

(2.) The petitioner is involved in seven crime cases registered before the Medical College Police Station, Nallalam Police Station, Kasaba Police Station, Town Police Station and Nadakkavu Police Station at Kozhikode. Some of the crime cases relate to offences under Sections 13 and 17 of the Kerala Money Lenders Act and Sections 3 and 4 of the Kerala Prohibition of Charging Exorbitant Interest Act, apart from the offences under the Indian Penal Code. A proceeding under Section 107 of the Code of Criminal Procedure was also initiated against the petitioner. Out of the seven crime cases mentioned above, investigation was over in three cases and final reports were filed and those cases are pending before the Courts having jurisdiction.

(3.) Anticipating arrest, the petitioner submitted applications before the Sessions Court, Kozhikode as well as before this Court under Section 438 of the Code of Criminal Procedure and anticipatory bail was granted in his favour on certain conditions. In some of the crime cases, the petitioner was granted regular bail.