Arun G.Nath vs State Of Kerala
2023 Latest Caselaw 2774 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                     CRL.MC NO. 6193 OF 2021
  IN M.C.NO.487/2021 OF SUB DIVISIONAL MAGISTRATE, KOLLAM




PETITIONER/COUNTER PETITIONER:

          ARUN G.NATH
          AGED 45 YEARS
          S/O.JYOTHIRANANDANATH,
          NANDA MANDIR,
          RVCRA NAGAR -10, THEVALLY,
          KOLLAM WEST VILLAGE,
          KOLLAM DISTRICT - 691 009.

          BY ADVS.
          PRATHEESH.P
          ANJANA KANNATH


RESPONDENTS/STATE:

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

    2     SUB DIVISIONAL MAGISTRATE
          CIVIL STATION BUILDING,
          KOLLAM, PIN - 691 001.

    3     SUB INSPECTOR OF POLICE
          KOLLAM EAST POLICE STATION,
          KOLLAM, PIN - 691 001.
 Crl.M.C. No.6193 of 2021

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             BY ADV
             SMT. SEETHA.S
             PUBLIC PROSECUTOR


       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. No.6193 of 2021

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                      BECHU KURIAN THOMAS, J.
                     ====================
                       Crl.M.C. No.6193 of 2021
                    =====================
                   Dated this the 1st day of March, 2023


                                 ORDER

Petitioner challenges Annexure 1 order under Section 111 (1) of

Cr.P.C, directing the petitioner to show cause as to why he shall not be

compelled to execute a bond for maintaining peace as contemplated

under Section 107 Cr.P.C.

2. Smt. Anjana Kannath, the learned counsel for the petitioner

contended that the proceedings under Section 107 of Cr.P.C or 111 of

Cr.P.C cannot be initiated against the petitioner, since even going by

Annexure 1 order, only one crime has been alleged and therefore, it

cannot be stated that petitioner indulges in crimes repeatedly.

3. I have heard the learned Public Prosecutor also, who opposed

the contentions, and submitted that petitioner is at liberty to oppose

the learned Magistrate and show cause as to why the order under

Section 107 Cr.P.C. ought not to be issued.

4. On a perusal of Annexure 1, it is noticed that petitioner is

alleged to be involved in Crime No.907/2021, alleging offences

punishable under Sections 294(b), 232, 506(1) and 451 r/w Section 34

of the Indian Penal Code, 1860, apart from Sections 4(2)(a), 4(2)(c), Crl.M.C. No.6193 of 2021

4(2)(j), 3(b) and 4(1) of the Kerala Epidemic Diseases Ordinance, 2021.

Since, Annexure-1 specifically mentions only one crime, it is evident

that the requirement of indulging in repeated crimes is absent. There

is no allegation or any material in support of the apprehension of the

respondent that petitioner is indulging in repeated crimes. Therefore,

the very basis of the notice issued by the 2 nd respondent under Section

111(1) Cr.P.C is without any substance.

Accordingly, this Crl.M.C. is allowed and all proceedings in M.C.

No.487/2021 on the files of the Sub Divisional Magistrate Court,

Kollam, including Annexure-1 will stand quashed.

Sd/-

BECHU KURIAN THOMAS JUDGE jka/01.03.23.

Crl.M.C. No.6193 of 2021

APPENDIX OF CRL.M.C 6193/2021

PETITIONER'S ANNEXURES

Annexure 1 A TRUE COPY OF THE PRELIMINARY ORDER IN M.C.NO.487/2021 OF SUB DIVISIONAL MAGISTRATE, KOLLAM DATED 26/11/2021.

Annexure 2 TRUE COPY OF JUDGMENT PASSED BY THIS HON'BLE COURT CRL.M.C.NO.4086/2018 DATED 6/07/2018.