( 1 ) THE petition is in the nature of prayer for anticipatory bail. In the realm of punitive jurisdiction when a person is sought to be arrested and deprived of his liberty he has a right to move the court and pray for grant of bail. Under the amended provisions of the Criminal Procedure Code (sec. 438) an accused person may even move for anticipatory bail and in fit cases the courts do grant such a prayer. However in the sphere of preventive detention where the executive intends to exercise its power for the purposes of restraining a person from indulging in certain types of anti-social and dangerous activities prejudicial to the maintenance of public order will it be open to the court to entertain a petition under Art. 226 of the Constitution of India and direct the executive authority not to execute the warrant of detention against the petitioner ? This in substance is the question which is required to be decided in this petitions.

( 2 ) THE petitioner contends that the District Collector Khedarespondent No. 1 (it should be District Magistrate Kheda. and not District Collector Kheda) has passed an order directing him to be detained under the provisions of Gujar