LAWS(KER)-2022-7-75

SHAJAHAN Vs. STATE OF KERALA

Decided On July 25, 2022
SHAJAHAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner is the counter petitioner in M.C.No.594/2021 on the file of the Sub Divisional Magistrate Court, Fort Kochi. This Crl.MC is filed by him challenging Annexure-1 order passed by the learned Sub Divisional Magistrate under Sec. 111 of the Code of Criminal Procedure (Cr.PC) requiring the petitioner to show cause why he should not be ordered to execute a cash bond for Rs.1,00,000.00(Rupees One Lakh only) with two solvent sureties for the like sum amount for keeping the peace for a period of one year under Sec. 107 Cr.PC.

(2.) Heard Sri.T.K.Ajithkumar, the learned counsel for the petitioner, Sri. Vipin Narayan, the learned Public Prosecutor for respondents 1 and 2.

(3.) The contention of the petitioner is that Annexure-1 is not legally sustainable because the substance of the information provided in the aforesaid order is not adequate, and it does not reveal the necessary ingredients which were to be provided in the above mentioned order. It is pointed out that, apart from mentioning certain crime numbers, no details of the allegations and the role of the petitioner in the crimes above were not mentioned in the above mentioned order. Therefore, it is contended that the aforesaid order is bad in law as the impugned order does not disclose the details of the substance of the information based on which the order is passed.