In this criminal miscellaneous petition, the petitioner challenged an order under Section 107 Cr.P.C. requiring him to deposit a security for good behavior. The High Court found no legal infirmity in the Sub Divisional Magistrate's order based on FIRs and directed the dismissal of the petition.
Petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
TUESDAY, THE 21ST DAY OF JANUARY 2014/1ST MAGHA, 1935
Crl.MC.No. 451 of 2014
MC NO. 42/2013 OF SUB.DIVISIONAL MAGISTRATE COURT, TIRUR CRIME NO. 963/2013 OF THIRURANGADI POLICE STATION , MALAPPURAM
PETITIONER(S)/COUNTER PETITIONER:
MOHAMMED ALI, S/O.ABOOBACKER HAJI, PERUVANKUZHIYIL HOUSE, KAKKAD P.O., TIRURANGADI.
BY ADV. SRI.P.K.ANIL
RESPONDENT/COMPLAINANT AND STATE:
1. SUB INSPECTOR OF POLICE, TIRURANGADI POLICE STATION-680 581.
2. SUB DIVISIONAL MAGISTRATE, TIRUR-680 581.
3. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
R1 TO R3 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-01-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
Crl.MC.No. 451 of 2014
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE I: TRUE COPY OF THE FIRST INFORMATION REPORT IN CR.NO.309/11. ANNEXURE II: TRUE COPY OF THE FIRST INFORMATION REPORT IN CR.NO.188/13. ANNEXURE III: TRUE COPY OF THE SUMMONS RECEIVED BY THE PETITIONER IN CC 1824/13 IN CR.NO.932/13. ANNEXURE IV: TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT IN MC 42/13.
RESPONDENT(S)' ANNEXURES:
----------------------------------------------N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
HARUN-UL-RASHID, J.
Crl.M.C No.451 Of 2014
Dated this the 21st day of January, 2014.
O R D E R
Petitioner is the counter petitioner in M.C.No.42/2013 on the file of the Sub Divisional Magistrate, Tirur. Order dated 7.12.2013 passed by the Sub Divisional Magistrate, Tirur, marked for reference as Annexure-IV, is under challenge in this Crl.M.C. The Sub Inspector of Police, Tirurangadi Police Station reported that the petitioner is involved in Crime Nos.309/2011, 188/2013 & 932/2013 of Tirurangadi Police Station. The Magistrate is satisfied that the counter petitioner is likely to commit breach of peace or do wrongful acts by which breach of peace will probably be occasioned in Tirurangadi Village in Tirurangadi Taluk and that there is sufficient ground for proceedings under Section 107 Cr.P.C. The court directed the counter petitioner to attend the court at Tirur on 9.1.2014 at 2:30 pm and show cause why he should not be ordered to execute a cash bond for Rs.10,000/with two solvent sureties for the like sum for keeping peace for a period of one year under Section 107 Cr.P.C.
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Crl.M.C.No.451 Of 2014
No grounds are made out by the petitioner to interfere with Annexure-IV order. Accordingly, Crl.M.C is dismissed.
bkn/-
1 issue framed by the court
Whether there is any legal infirmity in the order passed by the Sub Divisional Magistrate making the petitioner incumbent to furnish a cash bond.
1 provisions across 1 enactments
MOHAMMED ALI
SUB INSPECTOR OF POLICE, TIRURANGADI POLICE STATION
SUB DIVISIONAL MAGISTRATE, TIRUR
STATE
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
