MIDHUN S. NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners have received notice under Section 111 of Cr.P.C to execute bond for keeping peace for a period of one year in MC Nos.157/2019, 160/2019, 165/2019 and 164/2019 by the Sub Divisional Magistrate Court, Adoor, vide orders at Annexures A7 and A8 in each of the cases. The impugned order of the Sub Divisional Magistrate is based on Annexure A4 reports submitted by the Sub Inspector of Police, Koodal to initiate proceedings under Section 107 of Cr.P.C. He has stated the reasons why an action under Section 107 is to be initiated against the accused, all of whom have criminal antecedents.

(2.) In innumerable decisions, including in Girish P. and Others v. State of Kerala and Another, [2009(4) KHC 929] as also in Moidu v. State of Kerala , [1982 KLT 578], this Court has held that in the order passed by the Sub Divisional Magistrate calling upon the counter petitioners to execute bond under Section 107 Cr.P.C, it is essential that the substance of the information based on which the proceedings initiated has to be explained. But in the instant case, even though, there are several matters stated in the report filed by the Sub Inspector of Police, just by a cursory reference to that report the Sub Divisional Magistrate has not applied mind to the facts stated therein so as to come to a conclusion whether an order of keeping peace is required and essential to be passed against the petitioners.

(3.) Mere existence of criminal cases against the persons alone may not be sufficient to execute a bond for peace under Section 107 Cr.P.C. Something more than that is necessary, and I am sure that, had the Sub Divisional Magistrate applied her mind to the reports filed by the Sub Inspector, a proper order could have been passed.