Kerala High Court
Noushad vs State Of Kerala on 1 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
Crl.MC.No.447 OF 2021(E)
AGAINST THE ORDER/JUDGMENT IN MC 36/2020 OF SUB DIVISIONAL
MAGISTRATE, MANANTHODY
CRIME NO.780/2020 OF PANAMARAM POLICE STATION , Wayanad
PETITIONER/S:
NOUSHAD,
AGED 52 YEARS
S/O. KUNHAMMED, ARAKKAL HOUSE, ANJUKUNNU, WAYANAD
DISTRICT.
BY ADVS.
SRI.V.SHYAM
SRI.S.AADHIRITHIQ
RESPONDENT/S:
STATE OF KERALA,
(REPRESENTED BY S.I. OF POLICE, PANAMARAM POLICE
STATION) REPRESENTED BY STATE PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM.
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.447/21 2
V.G.ARUN, J.
-----------------------------------------------
CRL.M.C.No. 447 of 2021
-----------------------------------------------
Dated this the 1st day of February, 2021
ORDER
The challenge in the Crl.M.C is against Annexure A1 preliminary
order under Section 111 Cr.P.C requiring the petitioner to show cause
why he should not enter into a bond for Rs.1,00,000/- and to give
security by way of bond of two Government employees as sureties for
Rs.50,000/- each, to keep the peace for one year.
2. The petitioner challenges Annexure A1 on the ground that he
has been acquitted in two of the three cases mentioned in the notice.
It is the petitioner's case that he is running a licensed business in M-
sand and that for reasons best known to the Panamaram Police, they
have given a false report to the Sub Divisional Magistrate.
3. Learned counsel for the petitioner submitted that mere
registration of crimes cannot be the basis for an order under Section
107 Cr.P.C.
4. Learned Public Prosecutor submitted that the petitioner is a
history-sheeter and is included in the rowdy list at the Panamaram
Police Station. It is submitted that, other than the crimes mentioned in
Annexure A1, petitioner figures as accused in Crime No.212/19 of
Vellamunda Police Station and Crime No.44/2020 of Panamaram Police
Station. It is submitted that, the petitioner is a perpetual threat to the
people of the locality and that it is essential to compel the petitioner to
execute the bond, for ensuring peace in the area.
5. In my considered opinion, involvement of the petitioner in
crimes within the jurisdiction of the Panamaram and nearby Police
Stations justify the issuance of Annexure A1. The notice has been
issued on the Sub Divisional Magistrate being prima facie convinced
that the petitioner is fearless of law and ignores all the warnings issued
by the Police to prevent him from committing crimes and he is likely to
commit breach of peace and therefore, should be required to enter into
a bond for keeping the peace. Annexure A1 being a show cause notice,
it is for the petitioner to offer his explanation and prove the police
report, which is the basis on which Annexure A1 is issued, to be wrong.
I am unable to find any justifiable reason to interfere with the
proceedings initiated through Annexure A1.
In the result, the Crl.M.C is dismissed.
Sd/-
V.G.ARUN, JUDGE
vgs
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE NOTICE OF THE SUB
DIVISIONAL MAGISTRATE, MANANTHAVADY,
WAYANAD DISTRICT, DATED 02/12/2020.
ANNEXURE A2 TRUE COPY OF THE ORDER OF THE JFCM-I,
MANANTHAVADY DATED 31/01/2019 IN CC
NO.1101/2012.
ANNEXURE A3 TRUE COPY OF THE ORDER OF THE JFCM-I,
MANANTHAVADY DATED 28/12/2019 IN CC
NO.831/2013.
ANNEXURE A4 TRUE COPY OF THE LICENSE ISSUED FOR THE
PETITIONER BY THE PANAMARAM GRAMA
PANCHAYATH DATED 31/07/2013.
ANNEXURE A5 TRUE COPY OF THE COMPLAINT DATED 01/07/2020
OF THE PETITIONER.
ANNEXURE A6 TRUE COPY OF THE LETTER DATED 05/08/2020 OF
THE DISTRICT POLICE CHIEF, WAYANAD.
