Allowed

Abbas, v. State of Kerala

Kerala HC11 Mar 2025Crl.MC/7899/2024

Case brief

AI extract

What is this about?

The High Court of Kerala in this Criminal Misc. Case allowed the petitioner's appeal against an order requiring him to execute a bond under Section 107 Cr.PC. The Court quashed the order, holding that mere involvement in a crime without specific materials showing an imminent threat to peace is insufficient for such prevention measures.

What did the court decide?

Crl.MC allowed. Annexure A2 order and further proceedings thereon against the petitioner quashed.

Abbas, Vs State of Kerala — Writ and Judicial Review | Kerala HC (2025)

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2025:KER:21770

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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 V.G.ARUN

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TUESDAY, THE 11TH DAY OF MARCH 2025/20TH PHALGUNA, 1946

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CRL.MC NO.7899 OF 2024

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CRIME NO.218/2024 OF PERINTHALMANNA POLICE STATION,

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MALAPPURAM

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AGAINST THE ORDER/JUDGMENT DATED 23.07.2024 IN MC

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NO.434 OF 2024 OF SUB DIVISIONAL MAGISTRATE,PERINTHALMANNA

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PETITIONER/COUNTER PETITIONER

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ABBAS,
AGED 55 YEARS,
S/O KUNJIMUHAMMED,POTHUKADAN HOUSE,
PARIYAPURAM,PUTHANANGADI POST,
ANGADIPPURAM,MALAPPURAM DISTRICT
PIN - 679321

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BY ADV K.B.GANGESH

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RESPONDENTS/STATE & PETITIONERS

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031

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2 SUB DIVISIONAL MAGISTRATE COURT, OFFICE OF THE SUB DIVISIONAL MAGISTRATE COURT, MINI CIVIL STATION, PERINTHALMANNA,MALAPPURAM, PIN – 679322

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3 STATION HOUSE OFFICER, PERINTHALMANNA POLICE STATION, MALAPPURAM, PIN - 679322

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SRI. M.C. ASHI, PP.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 11.03.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

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2025:KER:21770

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Crl.MC No.7899 of 2024

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ORDER

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The petitioner is aggrieved by Annexure A2 order

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under Section 111 of the Code of Criminal Procedure issued by the Sub Divisional Magistrate, Perinthalmanna. By the impugned order, petitioner is called upon to show cause why he should not be compelled to execute a bond for Rs.50,000/- with sureties to keep peace for a period of one year as provided in Section 107 of Cr.PC. The basis of the order is the report of the Station House Officer, Perinthalmanna Police Station stating that the petitioner is an accused in Crime No.218 of 2024 registered for offences under Sections 323, 324, 326, 308 and 506 r/w 34 of IPC and he is in the habit of creating law and order issues in the locality.

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The learned Counsel for the petitioner contended that, mere registration of a crime is not sufficient to curtail a person’s liberty by requiring him to execute a bond for keeping peace. Annexure A2 order is

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2025:KER:21770

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Crl.MC No.7899 of 2024

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also assailed on the ground that it does not reflect application of mind by the Sub Divisional Magistrate and the factors based on which she had reached the prima facie satisfaction that, unless prevented, petitioner will be a threat to the peace and tranquility in the locality.

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The learned Public Prosecutor submitted that, apart from the crime, the report also mentioned that the petitioner is in the habit of creating law and order issues.

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The law is well settled through a series of

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precedents that mere involvement in a crime, by itself, is not sufficient ground for the Sub Divisional Magistrate to exercise power under Section 107 of Cr.PC. For that, there should be materials to show that, unless prevented, petitioner’s activities will pose imminent threat to the peace and tranquility of the locality. The above crucial factors being absent in the impugned order, it is liable to be interfered with.

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2025:KER:21770

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Crl.MC No.7899 of 2024

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In the result, the Crl.MC is allowed. Annexure A2

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order and further proceedings thereon, as against the

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petitioner, is quashed.

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Sd/- V.G.ARUN JUDGE

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Cak

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Crl.MC No.7899 of 2024

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2025:KER:21770

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APPENDIX OF CRL.MC 7899/2024

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PETITIONER’S ANNEXURES

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ANNEXURE A1A TRUE COPY OF THE REPORT FILED BY THE
3RD RESPONDENT BEFORE THE 2ND RESPONDENT

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ANNEXURE A2CERTIFIED COPY OF THE PRELIMINARY ORDER
DATED 23.07.2024 ISSUED BY THE 2ND
RESPONDENT IN MC NO. 434/2024

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ANNEXURE A3PHOTOGRAPHS SHOWING THE STABBED WOUNDS
ON THE PETITIONER’S SON

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ANNEXURE A4A TRUE COPY OF THE FINAL REPORT OF THE
CASE NUMBERED AS SC NO. 426/2024 BEFORE
THE DISTRICT AND SESSIONS COURT, MANJERI

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ANNEXURE A5TRUE COPY OF THE ORDER IN CRL. MC NO.
194/2024 DATED 29.02.2024 BY THE
DISTRICT AND SESSIONS COURT, MANJERI

Abbas, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abbas, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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