Allowed

Shaji @ Moonam Moodu Shaji v. State of Kerala

Kerala HC6 Jun 2018Crl.MC/745/2018

Case brief

AI extract

What is this about?

In a petition under Section 482 Cr.P.C., the Kerala High Court quashed an order of the Sub Divisional Magistrate under Section 107 Cr.P.C. directing the petitioner to execute a bond for keeping the peace. The court held that the order was passed without recording any facts to show imminent probability of breach of peace.

What did the court decide?

The order under Section 107 Cr.P.C. passed by the Sub Divisional Magistrate is set aside, and the proceedings in M.C.No.186 of 2017 are quashed.

Shaji @ Moonam Moodu Shaji Vs State of… — Constitutional and Fundamental Rights | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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WEDNESDAY, THE 6TH DAY OF JUNE 2018 / 16TH JYAISHTA, 1940

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Crl.MC.No. 745 of 2018

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MC 186/2017 of SUB DIVISIONAL MAGISTRATE COURT, TRIVANDRUM

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------

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PETITIONER/COUNTER PETITIONER :

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SHAJI @ MOONAM MOODU SHAJI, AGED 37 YEARS, S/O.CHANDRAN, MMRA-B-26, CHARUVILA VEEDU, MOONAMOODU, THIRUVANANTHAPURAM.

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BY ADV.SRI.SHAJIN S.HAMEED

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, VATTIYOORKKAVU POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI. ALEX M. THOMBRA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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bp 7/6/2018

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Crl.MC.No. 745 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A FREE COPY OF THE ORDER 15-11-2017 IN M.C.NO.186/2017 OF THE SUB DIVISIONAL MAGISTRATE COURT, THIRUVANANTHAPURAM. ANNEXURE B PHOTOCOPY OF THE FIR IN CRIME NO.1055/2013 OF VATTIYOORKAVU POLICE STATION. ANNEXURE C PHOTOCOPY OF THE ORDER DATED 22-04-2016 IN M.C.NO.168/2016 OF THE SUB DIVISIONAL MAGISTRATE, THIRUVANANTHAPURAM. ANNEXURE D PHOTOCOPY OF THE ORDER DATED 26-5-2016 IN CRL.M.C.NO.2961/2016 OF THIS HONORABLE COURT. ANNEXURE D: COPY OF THE ORDER DATED 10/8/2016 IN CRL.M.C. NO. 2691/2016 OF THIS HON'BLE COURT. (CRL.M.ANO. 5640/2018)

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RESPONDENT'S ANNEXURES : NIL.

//TRUE COPY//

P.A. TO JUDGE

bp 7/6/2018

K.ABRAHAM MATHEW J.

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Crl.M.C. NO.745 OF 2018

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Dated this the 6^th day of June, 2018

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ORDER

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Petition filed under Section 482 Cr.P.C.

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In M.C.No.186 of 2017 on the file of the Sub Divisional Magistrate, Thiruvananthapuram. The petitioner was issued Annexure-A notice by which he has been asked to appear before the learned Magistrate and show cause why he should not be ordered under Section 107 Cr.P.C to execute a bond for Rs.50,000/- with two solvent sureties each to keep the peace for one year. Its legality is challenged.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The ground stated in Annexure-A order for passing the order is that the petitioner is involved in three criminal cases namely, Crime No.1055 of 2013 and Crime No.357 of 2016 of Vattiyoorkavu Police Station and Crime No.719 of 2017 of Nedumangadu Police Station. The nature of the offences is not at all mentioned. It is pertinent to note that the first case was registered four years ago. The facts of the case do not disclose that there was any imminent probability of the petitioner

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Crl.M.C. NO.745 OF 2018 2

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committing breach of peace in the locality. The order passed by the learned Magistrate is liable to be set aside.

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In the result, this Crl.M.C is allowed. Annexure-A order passed by

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the learned Sub Divisional Magistrate, Thiruvananthapuram is set aside and the proceedings in M.C.No.186 of 2017 are quashed.

Sd/-

K.ABRAHAM MATHEW

JUDGE

Shaji @ Moonam Moodu Shaji v. State of Kerala

Case brief

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Shaji @ Moonam Moodu Shaji v. State of Kerala

Case brief

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