The Kerala High Court dismissed a criminal miscellaneous petition challenging a preventive detention order. It held no legal infirmity existed in the lower court's order satisfying judicial requirements for Section 107 Cr.P.C.).
Crl.M.C. No.452/2014 is dismissed.
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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. 452 of 2014
MC NO.41/2013 of SUB.DIVISIONAL MAGISTRATE COURT,TIRUR CRIME NO. 874/2013 OF THIRURANGADI POLICE STATION , MALAPPURAM
PETITIONER(S)/COUNTER PETITIONER:
NISSAMUDHEEN @ CHOONDI NISSAM, S/O.MOIDEENKUTTY, ERRUVEETTIL HOUSE, GANDHIKUNNU, KANNATTIPPADI, VENGARA.
BY ADV. SRI.P.K.ANIL
RESPONDENT(S)/COMPLAINANT/STATE:
1. SUB INSPECTOR OF POLICE, TIRURANGADI POLICE STATION - 680 581.
2. SUB DIVISIONAL MAGISTRATE, TIRUR.
3. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R1 TO R3 BY PUBLIC PROSECUTOR SMT. S. HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-01-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
Crl.M.C.No.452/2014
APPENDIX
PETITIONER'S ANNEXURES:
ANNEX.IV: COPY OF THE ORDER OF THE 2ND RESPONDENT IN MC 41/13.
RESPONDENT'S ANNEXURES: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
HARUN-UL-RASHID, J.
Crl.M.C No.452 Of 2014
Dated this the 21st day of January, 2014.
O R D E R
Petitioner is the counter petitioner in M.C.No.41/2013 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 under this Crl.M.C. The Sub Inspector of Police, Tirurangadi Police Station reported that the petitioner is involved in Crime No.194/2011, 281/2012 & 220/2013 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.452 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 the High Court should interfere with the preventive detention order passed by the Sub Divisional Magistrate under Section 107 Cr.P.C.
1 provisions across 1 enactments
NISSAMUDHEEN @ CHOONDI NISSAM
SUB INSPECTOR OF POLICE, TIRURANGADI POLICE STATION
SUB DIVISIONAL MAGISTRATE, TIRUR
STATE
HARUN-UL-RASHID
SUB.DIVISIONAL MAGISTRATE
TIRUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
