Pramod Kumar vs State Of Kerala
2021 Latest Caselaw 20451 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE K.HARIPAL
         FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                         CRL.MC NO. 1781 OF 2021
             AGAINST THE ORDER/JUDGMENT IN MC 373/2020 OF
                   SUB.DVL.MAGISTRATE,KOLLAM, KOLLAM
PETITIONER/COUNTER PETITIONER:

            PRAMOD KUMAR
            AGED 38 YEARS
            S/O.RAJENDRAN NAIR, FAMILY NAGAR - 23, ULIYAKOVIL CHERRY,
            ULIYAKOVIL P.O., KOLLAM - 691 019.

            BY ADVS.
            C.R.JAYAKUMAR
            SRI.NOBEL RAJU
            SRI.M.RAJESH



RESPONDENTS/COMPLAINANTS:

     1      STATE OF KERALA
            REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM - 682 031.

     2      THE SUB DIVISIONAL MAGISTRATE
            CIVIL STATION P.O., KOLLAM - 691 003.

     3      THE INSPECTOR OF POLICE
            KOLLAM EAST POLICE STATION, CHINNAKKADA P.O., KOLLAM -
            691 001.


     THIS   CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
01.10.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 1781 OF 2021
                                    2

                                 ORDER

This is a petition filed under Section 482 of the Cr.P.C. seeking to

quash the proceedings in M.C. No.373/2020 dated 06.03.2021 of the Sub

Divisional Magistrate's Court, Kollam. The grievance of the petitioner is

that he has been served with Annexure 1 notice on the premise that he has

involved in a crime, Crime No.94/2020, for the offence under Sections

294(b), 341, 323, 324 read with 34 of the IPC. Now notice under Section

111(1) of Cr.PC has been issued asking as to why proceedings under

Section 107 of the Cr.P.C shall not be initiated against him.

2. I heard learned counsel for the petitioner and also learned Senior

Public Prosecutor.

3. I have no doubt that registration of a single crime, that too in

investigation stage is not a valid ground for initiating proceedings under

Section 107 of the Cr.P.C. Anyhow Annexure 1 is only a show cause

notice asking him to show cause as to why he shall not appear before the

Magistrate and execute a bond, as indicated. It is only a preliminary step.

It is open to the petitioner to give valid reasons as to why he is not bound

to execute such a bond. On getting such a reply, the learned Magistrate CRL.MC NO. 1781 OF 2021

shall dispose of the M.C. taking into account the authoritative

pronouncement of this Court in Santhosh V. State of Kerala (2014 (3)

KLT 837). Thereafter a decision shall be taken within a period of two

months from the date of receipt of a copy of this order.

Crl.M.C is disposed of as above.

SD/-

K.HARIPAL JUDGE VKD/01/10/2021 CRL.MC NO. 1781 OF 2021

APPENDIX OF CRL.MC 1781/2021

PETITIONER ANNEXURE

ANNEXURE 1 THE ORIGINAL COPY OF THE ORDERS OF THE SDM KOLLAM DATED 06/03/2021 IN MC NO.373/2020 ISSUED U/S 111(1) OF THE CRPC.