Petitioner challenged an order calling him to execute a peace bond. Court permitted appearance through counsel in absentia, ordering personal appearance only if inevitable under Section 115 Cr.P.C.
Petitioner permitted to appear through counsel; personal appearance by petitioner to be insisted only if inevitable.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
MONDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930
Crl.MC.No. 1114 of 2008()
M.C. NO. 4/2008 of SUB DIVISIONAL MAGISTRATE, KASARAGOD AT KANHANGAD.
PETITIONER:
JIPPIYA JOY, PULIMOOTTIL HOUSE, CHITTARICKAL, HOSDURG TALUK.
BY ADV. SRI.SUBHASH CYRIAC
RESPONDENTS:
BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR , J.
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CRL.M.C. No. 1114 of 2008
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Dated this the 25th day of March, 2008.
O R D E R
The petitioner challenges Annexure 3 preliminary order passed by the Sub Divisional Magistrate, Kasaragod at Kanhangad under Section 107 r/w Section 111 Cr.P.C calling upon the petitioner to show cause as to why he should not be ordered to execute a bond for Rs.10,000/- with two solvent sureties each for the like amount to keep the peace for a period of one year.
This Crl.M.C is disposed of as above.
V. RAMKUMAR, JUDGE.
rv
2 issues framed by the court
Whether the Magistrate shall insist on the personal appearance of the petitioner under Section 115 Cr.P.C.
Whether the petitioner can appear through counsel to substantiate contentions in a bond case.
2 provisions across 1 enactments
JIPPIYA JOY
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA
SUB INSPECTOR OF POLICE, CHITTARICKAL, KASARAGODE
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
