Point of Law: Section 107 of Cr.PC reads as security for keeping peace in other cases.

JUDGMENT :

ALEXANDER THOMAS, J.

The prayers in the instant Writ Petition (Crl) are as follows:

“i) Issue a writ of certiorari or any other appropriate writ or order calling for records leading to Exhibit P1 and P5 and quash the same;

ii) Issue any other order as this Hon’ble court deem fit and proper in the facts and circumstances of the case and also that are prayed for during the pendency of the WP(C) ;

iii) Dispense with the filing of translation of Vernacular Documents.”

2. Heard Sri.P.M.Manoj, the learned counsel for the petitioner and Sri.K.A. Anas, the learned Public Prosecutor appearing for the respondents.

3. The petitioner herein is aggrieved by the impugned Exhibit P1 order dated 19.8.2022, issued by 3rd respondent-The Deputy Inspector General of Police [for short ‘DIG’], whereby the petitioner has been restrained from entering into the territorial limits of Malappuram District for a period of one year from the date of receipt of the said order, by exercising the powers under Section 15(1)(a) of the Kerala Anti-Social Activities (Prevention) Act, 2007 [for short ‘KAAP Act’].

4. The brief facts leading to the issuance of the aforesaid Writ proceedings are hereunder:

Six crimes had been reckoned for treating the petitioner herein as a ‘Known Goonda’, as conceived under Section 2(j) r/w section 2(o)(i) of the above Act. The details of the six crimes are mentioned in page 3 of Ext.P1 externment order [See page 29 of the WP(Crl] and the same has also been reiterated in paragraph No.7 of page 3 of the counter affidavit dated 01.03.2023, filed by 3rd respondent-DIG. The last one of the six crimes (supra) is said to have been committed by the petitioner on 22.01.2022. He was arrested in relation to his involvement in the said crime on 08.02.2022 and was remanded to judicial custody and thereafter, the Sessions Court, Manjeri has granted bail to him on 03.03.2022 and he was released on bail accordingly. The investigation has been completed in the said sixth crime and final report, by way of charge sheet, has been filed by the Investigating Agency on 23.03.2022.

5. Thereafter, the 4th respondent, the District Police Chief, Malappuram as sponsoring authority has submitted report dated 21.7.2022, recommending to the 3rd respondent, the District Inspector General of Police, that in view of the facts and circumstances of the said report, this is a fit case to enable the 3rd respondent to issue an externment order conceived under Section 15(1)(a) of the KAAPA Act, so as to restrain the petitioner herein from entering into the territorial limits of Malappuram district, with a view to prevent him from committing any further prejudicial anti-social activities, as conceived under Section 2(a) of the Act. After consideration of the said report, the 3rd respondent-DIG of Police has issued statutory show cause notice dated 26.7.2022 to the petitioner directing him to show cause as to why an order of externment, as conceived under Section 15(1)(a), shall not be issued against him, so as to restrain him from entering into the territorial limits of Malappuram District, as otherwise, he is likely to indulge in further serious prejudicial anti-social activities. The showcause notice was received by the petitioner on 30.07.2022. The statutory mandate of hearing was complied with by the 3rd respondent-DIG of Police, after affording the petitioner an opportunity of personal hearing in the above matter on 5.8.2022. It is thereafter that the 3rd respondent has issued Ext.P1 externment order dated 19.8.2022, directing that the petitioner shall not enter into the territorial limits of Malappuram district, for the reasons stated therein, for a period of one year from the date of receipt of copy of the said order. Exhibit P1 order was served on the petitioner on 23.8.2022 and so, the period of one year fixed in Ext.P1, was upto 22.8.2023.

6. Thereafter, the petitioner has filed statutory representation dated 5.9.2022, under Section 15(2) of the KAAPA Act, befor