SANOOP N.K Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is proceeded under Section 107 of the Code of Criminal Procedure (hereinafter referred to as 'the Code' for brevity) by the Sub Divisional Magistrate, Thalassery on a report filed by the Sub Inspector of Police, Pariyaram Medical College Police Station. By Annexure-A1 order, the petitioner has been called upon to appear before the said officer in person at 3.30 p.m. on 3.5.2016 and to show cause why he should not be required to enter into a bond of Rs.50,000/- each with two sureties for the like amount for keeping peace for a term of one year.

(2.) Heard the learned counsel appearing for the petitioner as well as the learned Public Prosecutor.

(3.) It is submitted by the learned counsel that the proceedings have been initiated on the basis of Crime Nos.197/2010, 198/2010, 200/2010, 212/2010, 226/2014 and 55/2016 of the Pariyaram Medical College Police Station. Most of the crime are registered more than five years prior to the initiation of the proceedings . Another proceeding initiated under section 107 of the Code is pending against the petitioners as is evidenced by Annexure 2 . According to the learned counsel, the order is silent as regards the relevant factors which influenced the mind of the Magistrate to form an opinion that the petitioner is likely to disturb peace and tranquility in a particular locality and in order to prevent the same, it is necessary to take preventive action against him. It is urged that the materials before the learned Magistrate was thoroughly inadequate to arrive at the requisite satisfaction. Finally it is contended that the order impugned did not meet the requirement of Section 111 of the Code. Reliance is placed on the Full Bench decision 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], Santhosh M.V. and Others V State of Kerala [2014 (2) KLD 519] and Bejoy K.V. V State of Kerala [2015 (2) KLD 889].