ABIJITH L. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition (criminal) is filed under Article 226 of the Constitution of India by the petitioner viz., Abijith L, S/o. Lambodharan, seeking a writ of certiorari to quash Ext.P2 order dtd. 19/3/2026 of the 2nd respondent Deputy Inspector General of Police issued under Sec. 15(1)(a) of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAA(P) Act' for short), whereby the petitioner was restrained from entering the jurisdictional limits of the Thiruvananthapuram district for a period of six months, by classifying the petitioner as 'known rowdy' under Sec. 2(p)(iii) read with 2(t)(i)(ii) of the KAA(P) Act.

(2.) The pleadings and materials would show that the 4th respondent Station House Officer, Maranalloor Police Station, submitted an undated report, marked as Ext.P1 in the writ petition, purportedly on 26/11/2025 to the 3rd respondent District Police Chief of Thiruvananthapuram, requesting to initiate proceedings against the petitioner under Sec. 15(1)(a) of the KAA(P) Act. Altogether six criminal cases ranging from 2019 to 2025 in which the petitioner was involved were mentioned in Ext.P1 report. Based on the report of the Station House Officer, the 3rd respondent submitted the sponsoring report dtd. 5/12/2025 to the 2nd respondent requesting to initiate proceedings against the petitioner under Sec. 15(1)(a) of the KAA(P) Act, classifying him as 'known rowdy' under Sec. 2(p)(iii) of the KAA(P) Act. Meanwhile, the petitioner is involved in crime No.57 of 2026 of Kattakkada Police Station registered for the offences under Sec. 189(2), 191(2), 190, 296(b), 118(1), 118(2), 324(4) Bharatiya Nyaya Sanhita 2023 ('BNS' for short). Hence, the Station House Officer of Maranalloor Police Station submitted Ext.P3 additional report dtd. 28/2/2026 before the 3rd respondent. Based on the report of the 3rd respondent dtd. 5/12/2025, Ext.P2 order was passed by the 2nd respondent on 19/3/2026. For passing the said order, the 2nd respondent has taken into consideration five criminal cases registered against the petitioner. Out of these cases, the last prejudicial activity was Crime No.1148 of 2025 of Pozhiyoor Police Station registered under Ss. 296(b), 115(2), 351(2), 126(2) read with 3(5) of the BNS, the incident of which occurred on 29/9/2025. Subsequently, the petitioner was granted pre-arrest bail in crime No.57 of 2026 of Kattakkada Police Station, by this Court as per the order dtd. 8/4/2026 in Bail Application No.1957 of 2026. It was under those circumstances that the petitioner filed the present writ petition challenging Ext.P2 order of externment, contending that the said order was passed by the 2nd respondent without the proper application of mind and the order violates the right guaranteed to the petitioner under Article 21 of the Constitution of India.

(3.) The learned Senior Government Pleader placed on record a statement dtd. 20/7/2026 of the 3rd respondent District Police Chief, Thiruvananthapuram Rural, opposing the averments in the writ petition.