IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 997 of 2008()
1. JEESON, S/O.GEORGE,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE SUB DIVISIONAL MAGISTRATE,
For Petitioner :SRI.JAWAHAR JOSE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/03/2008
O R D E R
V. RAMKUMAR , J.
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CRL.M.C. No. 997 of 2008
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Dated this the 12th day of March, 2008.
O R D E R
The petitioner challenges Annexure A preliminary order
dated 17.01.2008 passed by the 2nd respondent, Sub Divisional
Magistrate, Kasaragod at Kanhangad initiating proceedings under
Section 107 Cr.P.C.
2. The petitioner would have it that absolutely no
circumstance has been recited against the petitioner in the
preliminary order and that the FIR relied on in Annexure A is
nothing but another proceeding initiated under Section 107
Cr.P.C which in turn also does not refer to the involvement of the
petitioner in any other crime. He also places reliance on the
decision of this Court in Moidu v. State of Kerala (1982 KLT
578).
3. As per Annexure A preliminary order, the petitioner is
only asked to show cause why he should not be ordered to
execute a bond for Rs.10,000/- with two solvent sureties each for
the like amount to keep for the peace for a period of one year.
CRL.M.C. NO. 997/2008 : 2:
He can very well appear before the Sub Divisional Magistrate and
show cause why the proposal should not be proceeded with. He
shall be at liberty to cite the decision of the Full Bench in the
above case. In case there is no material on which initiation of
proceedings under Section 107 r/w Section 111 Cr.P.C could be
justified, the learned Magistrate shall consider the cause shown
by the petitioner and pass appropriate order in accordance with
law. Reserving this right of the petitioner, this Crl.M.C is
dismissed. The petitioner is permitted to show cause in absentia
by entering appearance though his counsel on 13.03.2008. The
Magistrate shall not insist on the personal appearance of the
petitioner while the petitioner is showing cause to the preliminary
order. If after hearing the counsel for the petitioner the
Magistrate is of the view that no cause has been shown, then
only he shall call upon the petitioner to appear on a specified
date for executing the bond for such period as may be indicated.
V. RAMKUMAR, JUDGE.
rv
CRL.M.C. NO. 997/2008 : 3: