Petitioner challenged a Section 107 order where the bond term had expired. The Court held nothing survives as the period lapsed, made the interim stay absolute, and closed the petition.
Interim order stayed made absolute; petition closed.
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
THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
WEDNESDAY,THE7THDAYOFJUNE2023/17THJYAISHTA,1945
CRL.MCNO.1501OF2022
PETITIONER/RESPONDENT :
K.RPRAKASH
AGED50YEARS
SONOFRAGHAVAN,KUZHIKALAYILHOUSE,
THEKEPPURAM,RANNIP.O,RANNIVILLAGE,
PATHANAMTHITTADISTRICT,PIN–689672
BYADVS.
C.C.ANOOP
BOBYTHOMAS
RESPONDENTS/COMPLAINANT :
1STATEOFKERALA
REPRESENTEDBYPUBLICPROSECUTOR,
HIGHCOURTOFKERALA,ERNAKULAM,PIN–682031
2THESTATIONHOUSEOFFICER
RANNIPOLICESTATION,
PATHANAMTHITTADISTRICT,PIN-689672
SRIVIPINNARAYANSRPP
THISCRIMINALMISC.CASEHAVINGCOMEUPFORADMISSIONON
07.06.2023,THECOURTONTHESAMEDAYPASSEDTHEFOLLOWING:
Crl.M.C No.1501 of 2022
2
ORDER
The petitioner herein is the respondent in M.C No.207/2021 on the file of the Sub Divisional Magistrate, Thiruvalla. He has approached this Court challenging the preliminary order issued under Section 107 read with Section 111 of the Cr.P.C. As per the said order, which is issued on 29.12.2021, the petitioner has been directed to appear before the court on 7/1/2022 and show cause why he shall not be required to enter into the bond for Rs.25000/- with two sureties for the likely sum of Rs.25000/- to ensure peace in the locality for a term of one year.
to maintain peace in the locality for a term of one year from 29.12.2021. The said period had long expired. In that view of the matter, nothing further survives in this petition.
The interim order granted by this Court is made absolute and this petition is accordingly closed.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE
NS
Crl.M.C No.1501 of 2022
3
APPENDIX OF CRL.MC 1501/2022
PETITIONERANNEXURES:
Annexure1CERTIFIEDCOPYOFTHEPRELIMINARYORDERDATED
29.12.2021INM.C.NO207/2021PASSEDBYTHE
COURTOFSUBDIVISIONALMAGISTRATE,THIRUVALLA
Annexure2CERTIFIEDCOPYOFTHENCRNO8/2021OFRANNI
POLICESTATION
1 issue framed by the court
Whether to allow a challenge to a preliminary order under Section 107 read with Section 111 of the Cr.P.C. when the term for maintaining bond has expired.
1 provisions across 1 enactments
K.R Prakash
State of Kerala
The Station House Officer, Ranni Police Station
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court