This criminal miscellaneous case challenged a preliminary bond order under Section 107 Cr.P.C. The Court quashed the order and further proceedings due to the passage of over four years, holding that the significance of the matter was lost.
Annexure-A1 order in M.C 18/2017 and all further proceedings pursuant thereto were quashed.
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.
Crl.M.C.No.8543/2017 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 10TH DAY OF NOVEMBER 2021 / 19TH KARTHIKA,
1943
CRL.MC NO. 8543 OF 2017
AGAINST THE ORDER/JUDGMENT IN MC 18/2017 OF SUB DIVISIONAL MAGISTRATE, MANANTHODY, WAYANAD
PETITIONER/S:
CYRIL PAREKKATTIL,
AGED 61 YEARS
S/O.VARKEY, AGED 61 YEARS, PAREKKATTIL HOUSE, KANIYARAM, MANANTHAVADY, WAYANAD DISTRICT.
BY ADVS.
SRI.ABRAHAM MATHEW (VETTOOR) SRI.ANIL ABEY JOSE
RESPONDENT/S:
PP-SRI.ARAVIND MATHEW
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 10.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.8543/2017 2
O R D E R
Petitioner is aggrieved by the preliminary order issued by the Court of Sub Divisional Magistrate, Mananthavady in M.C.No.18 of 2017 dated 09.11.2017, issued under Section 111 of Cr.P.C invoking powers of the Sub Divisional Magistrate under Section 107 of Cr.P.C. As per the said order, the petitioner was directed to show cause as to why he should not be ordered to execute a bond of Rs.50,000/- with two solvent sureties for keeping peace in the locality for a period of one year.
Crl.M.C.No.8543/2017 3
Judicial First Class Magistrate Court-I, Mananthavady. Aforesaid case is pertaining to an allegation of assault committed by the petitioner against the de facto complainant on 18.11.2014.
(ii) Crime No.175 of 2015 of Vellamunda Police Station was registered for the offences punishable under Sections 143, 147, 148, 448, 427, 323, 354 read with Section 149 of IPC. Aforesaid crime was registered on the allegation of assault committed by the petitioner along with six other persons on the de facto complainant therein on 24.04.2015.
The case of the petitioner is that the invocation of powers of
Sub Divisional Magistrate is unwarranted as the cases registered are too trivial in nature warranting invocation of powers under Section 107 Cr.P.C.
the proceedings against him. It is further pointed out that as per Annexure-A1 preliminary order the petitioner was directed
Crl.M.C.No.8543/2017 4
to execute a bond for a period of one year and the period is now already over. He is not involved in any other subsequent cases and considering the nature of the allegations against the petitioner in respect of the crimes and also in view of the fact that four years has been lapsed since the date of Annexure-A1 preliminary order, further proceedings in the matter is not warranted. The decisions in Bejoy.K.V v. State of Kerala and another (2015 (5) KHC 507) and Sandeep Shivaji Mhatre v. State of Maharashtra and another ( 2014 KHC 5014
=2014 Crl L.J NOC 552) were relied on.
Crl.M.C.No.8543/2017 5
commit breach of peace or disturb the public tranquility in an area, the person against whom such allegations are raised can be asked for furnishing security. In this case, it is discernible from the records that there were certain disputes between respective de facto complainants and the petitioner herein, in respect of a quarry being operated by the petitioner. It is also a fact that the offences alleged are now pending trial and the petitioner is not involved in any other criminal offences. More than four years have also been elapsed since the date of preliminary order. On account of passage of time, the significance of the Annexure A1 proceedings is lost and hence, I am of the view that further proceedings pursuant to AnnexureA1 is not warranted as it is not likely to serve any purpose at this point of time.
In such circumstances, I am of the view that proceedings pursuant to Annexure-A2 can be quashed as it has become an unnecessary formality, as of now. Accordingly Annexure-A1 order in M.C 18/2017 and all further proceedings are quashed. However, it is made clear that, quashing of Anexxure A1 order
Crl.M.C.No.8543/2017 6
will not preclude the Sub Divisional Magistrate or any other competent officer, to initiate proceedings under section 107 of Cr.P.C, against the petitioner, if cause of action for the same arises, at any point of time.
Crl.M.C is allowed.
Sd/- ZIYAD RAHMAN A.A. JUDGE
DG/11.11.21
Crl.M.C.No.8543/2017 7
APPENDIX OF CRL.MC 8543/2017
PETITIONER ANNEXURE
| ANNEXURE A1 | THE COPY OF THE PRELIMINARY ORDER PASSED BY THE COURT OF SUB DIVISIONAL MAGISTRATE, MANANTHAVADY IN M.C.18 OF 2017 DATED 09-11-2017. |
|---|---|
| ANNEXURE A2 | A TRUE COPY OF THE FIR IN CRIME NO.398/2014 OF THE VELLAMUNDA POLICE DATED 21-11-2014. |
| ANNEXURE A3 | A TRUE COPY OF THE FINAL REPORT FILED BEFORE THE JFCM COURT 1, MANANTHAVADY DATED 30-12-2014. |
| ANNEXURE A4 | A TRUE COPY OF THE ORDER IN BAIL APPLICATION NO.2457 OF 2015 DATED 08- 05-2015. |
| ANNEXURE A5 | A TRUE COPY OF THE FIR IN CRIME NO.175 OF 2015 OF THE VELLAMUNDA POLICE STATION. |
| ANNEXURE A6 | A TRUE COPY OF THE FINAL REPORT IN CRIME NO.175/2015 DATED 25-10-2015 BEFORE THE JFCM 1 MANANTHAVADY. |
2 issues framed by the court
Whether further proceedings are warranted under Section 107 Cr.P.C given the passage of more than four years since the preliminary order.
Whether the significance of the proceedings stands lost on account of the lapse of time.
Colour shows how this judgement treated each authority
Bejoy.K.V v. State of Kerala and anotherReferred¶35
Bejoy.K.V v. State of Kerala and another (2015 (5) KHC 507)
Sandeep Shivaji Mhatre v. State of Maharashtra and anotherReferred¶35
Sandeep Shivaji Mhatre v. State of Maharashtra and another ( 2014 KHC 5014=2014 Crl L.J NOC 552)
4 provisions across 2 enactments
CYRIL PAREKKATTIL
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR
THE SUB INSPECTOR OF POLICE VELLAMUNDA POLICE STATION
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
