Kerala High Court
Abin vs State Of Kerala on 23 September, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
O.P.(Crl.).Nos.631 & 635 of 2025
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2025:KER:71067
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF SEPTEMBER 2025 / 1ST ASWINA, 1947
OP(CRL.) NO. 631 OF 2025
AGAINST M.C.229/2025 OF SUB DIVISIONAL MAGISTRATE, KOLLAM
PETITIONER(S)/RESPONDENT:
AMAL V R
AGED 33 YEARS
S/O VIJAYAN,AMAL NIVAS,CHERIKONAM,
KANANALOOR,KOLLAM, PIN - 691576
BY ADVS.
SRI.AJAYA KUMAR. G
SMT.FATHIMA MAJEED
RESPONDENT(S)/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROCECUTOR HIGH COURT OF
KERALA, PIN - 682031
2 SUB DIVISIONAL MAGISTRATE
CIVIL STATION,KOLLAM, PIN - 691013
3 STATION HOUSE OFFICER
KANNANALLOOR POLICE STATION,KANNANALLOOR,KOLLAM,
PIN - 691576
BY ADV.
SR PP SRI HRITHWIK C S
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
23.09.2025, ALONG WITH OP(Crl.).635/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
O.P.(Crl.).Nos.631 & 635 of 2025
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2025:KER:71067
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF SEPTEMBER 2025 / 1ST ASWINA, 1947
OP(CRL.) NO. 635 OF 2025
AGAINST M.C.209/2025 OF SUB DIVISIONAL MAGISTRATE, KOLLAM
PETITIONER(S)/RESPONDENT:
ABIN
AGED 19 YEARS
S/O AMBILI,SURENDRA VILASAM
VETTIKAVALA ,KOTTARAKKARA,KOLLAM, PIN - 691538
BY ADVS.
SRI.AJAYA KUMAR. G
SMT.FATHIMA MAJEED
RESPONDENT(S)/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROCECUTOR ,HIGHCOUR OF
KERALA, PIN - 682031
2 SUB DIVISIONAL MAGISTARTE
CIVIL STATION,KOLLAM, PIN - 691013
3 STATION HOUSE OFFICER, KANNANALLOOR POLICE
STATION,KANNANALLOOR,KOLLAM, PIN - 691576
BY ADV.
SR PP, SRI. HRITHWIK C S
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
23.09.2025, ALONG WITH OP(Crl.).631/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
O.P.(Crl.).Nos.631 & 635 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
O.P.(Crl.) Nos.631 & 635 of 2025
-------------------------------
Dated this the 23rd day of September, 2025
JUDGMENT
The above Original Petitions (Crl.) are connected and
therefore I am disposing of these cases by a common judgment.
2. The Sub Divisional Magistrate, Kollam initiated
two separate proceedings against the petitioners in these
Original Petitions as M.C. Nos.209/2025 & 229/2025 under
Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023
(BNSS). According to the petitioners, the above proceedings
were initiated based on Crime No.118/2025 of Kannanelure
Police Station, Kollam which was registered alleging offences
punishable under Sections 110, 118(2) & 3(5) of the Bharatiya
Nyaya Sanhita, 2023 (BNS). According to the petitioners, the
proceedings initiated against the petitioners based on a single
crime is illegal. Hence these Original Petitions are filed
challenging the show cause notices issued to the petitioners
O.P.(Crl.).Nos.631 & 635 of 2025
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under Section 126 of the BNSS.
3. Heard the learned counsel appearing for the
petitioners and the learned Public Prosecution.
4. This Court perused the impugned notices issued
in these cases in M.C. Nos.209/2025 and 229/2025 by the Sub
Divisional Magistrate, Kollam. A perusal of the same would
show that they are only show cause notices. Counsel for the
petitioners submitted that, if the petitioners appear before the
Sub Divisional Magistrate, the Magistrate will force them to
execute a bond with sureties and that is why the petitioners
challenged the same.
5. I am of the considered opinion that, if a show
cause notice is issued, the petitioners should be given an
opportunity to file an objection. Thereafter, an order should be
passed, and then only further steps should be taken. Therefore,
I am of the considered opinion that these Original Petitions need
not be retained here. The petitioners can be allowed to file their
objections before the Sub Divisional Magistrate.
Therefore, these Original Petitions (Crl.) are disposed of
O.P.(Crl.).Nos.631 & 635 of 2025
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in the following manner:
1. The petitioners in these cases are free to file their
objections in M.C. Nos. 209/2025 and 229/2025 before
the Sub Divisional Magistrate, Kollam within three weeks
from the date of receipt of a copy of this judgment.
2. If such an objection is filed, the Sub Divisional
Magistrate, Kollam should hear the petitioners and pass
orders in it before taking further steps under Section
126 BNSS.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
O.P.(Crl.).Nos.631 & 635 of 2025
2025:KER:71067
APPENDIX OF OP(CRL.) 631/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REPORT OF THE 3RD
RESPONDENT ALONG WITH THE FIR IN CRIME NO.
118/2025 OF KANNANALLOOOR POLICE STATION,
SUBMITTED BEFORE THE 2ND RESPONDENT
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 24-05-2025
IN MC. NO. 229/2025 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
O.P.(Crl.).Nos.631 & 635 of 2025
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APPENDIX OF OP(CRL.) 635/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REPORT OF THE 3RD
RESPONDENT ALONG WITH THE FIR IN CRIME NO.
118/2025 OF KANNANALLOOOR POLICE STATION,
SUBMITTED BEFORE THE 2ND RESPONDENT
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 08-04-2025
IN MC. NO. 229/2025 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
