GIRISH P Vs. STATE OF KERALA

JUDGEMENT

(1.) Sub Divisional Magistrate, Kozhikode initiated proceedings under S.107 of Code of Criminal Procedure against the petitioners by issuing Annexure I order under S.111 of Code of Criminal Procedure, directing the petitioners to appear on 28th October, 2009 and show cause why they shall not execute a bond for Rs.5000/- (Rupees five thousand only) each with two sureties for the same for keeping peace for a term of one year. This petition is filed under S.482 of Code of Criminal Procedure to quash Annexure I order and the proceedings initiated contending that it is only an abuse of process of the Court. It is contended that in spite of the mandate under S.111 of Code of Criminal Procedure, the substance of the information based on which proceedings was initiated, is not shown in Annexure I order and there is no necessity to initiate proceedings under S.111 as there was no imminent cause for any breach of peace or public tranquillity by the petitioners. It is contended that the proceedings was initiated with oblique motive as petitioners under Snehatheeram Residential Association submitted Annexure II representation before the Chief Minister and the local MLA, the District Collector, Commissioner of City Police and other officials to give a direction not to function TS No. 11 toddy shop as it is causing difficulty to the public and is even detrimental to the communal peace in the locality, which is a highly sensitive area and in such circumstance the proceedings is to be quashed.

(2.) . Learned counsel appearing for the petitioners and the learned Public Prosecutor were heard.

(3.) Learned counsel appearing for the petitioners pointed out that the substance of the information based on which satisfaction was recorded is not shown in Annexure I and apart from stating that report of the Sub Inspector of Police, Panniyankara Police Station shows that proceedings is to be initiated under S.107 of Code of Criminal Procedure and that and there are many petitions registered against the petitioners in Panniyankara Police Station and Crime 207/2009 for the offence under S.143,147, 448, 427, read with S.149 was registered and Crime 199/09 of Panniyankara Police Station is also recorded the substance of the information is not furnished. It is pointed out that what was the allegation against the petitioners in Crime 207/2009 and 199/2009 and whether all the petitioners are the accused therein and whether in Crime 199/2009 of Panniyankara Police Station petitioners are the accused and if so when those alleged incidents occurred are not disclosed and without disclosing those facts, petitioners cannot be expected to defend the case and therefore the proceedings is to be quashed. Reliance was placed on the decision of the Full Bench of this Court in Moidu v. State of Kerala, 1982 KHC 139 : 1982 KLT 578 and the decision of the learned Single Judges in Peethambaran v. State of Kerala, 1980 KHC 239 : 1980 KLT 876 : ILR 1980 (2) Ker. 589 and in Mukthar v. Sub Inspector of Police, 2002 (1) KLT SN 15 (Case No. 15).