HENRY VIJAYAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, suspected to be involved in Crime No. 233/2009 of Kalamassery Police Station, registered for offences under Sections 120E and 395 read with Section 34 of Indian Penal Code by the Sub Inspector of Police, Kalamassery Police Station, was summoned to Kalainassery Police Station on 11.2.2009. On the allegation that while so petitioner attempted to commit suicide. Crime No.262/2009 of Thrikkakara Police Station was registered for offences under Sections 353 and 309 of Indian Penal Code.

(2.) Petitioner approached Session is Court, Ernakularn for anticipatory bail under Section 438 of Code of Criminal Procedure, by filing Crl.M.C.No.315/2009. On 18.2.2009, he was granted anticipatory bail on conditions. He was directed to appear before the Investigating Officer in Crime No 233/2009 on 20.2.2009 at 11 a.m. after his discharge from the hospital, where he was undergoing treatment and the Investigating Officer was directed to produce him before the Magistrate on the sane day at 4 p.m. and Magistrate was directed to release him on bail, on executing bond for Report. One lakh with two solvent sureties each for the like sum and petitioner was directed to appear before the Investigating Officer on every alternate days for one month and thereafter once in a week till the final report is filed. In Crime No. 262/2009 also, petitioner was directed to be released on bail, on executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate, when he is produced before the Magistrate by the Investigating Officer. Petitioner was produced before the Magistrate on 20.2.2009 and was released on bail on executing a bond for Rupees One lakh with two solvent sureties each for the like sum to the satisfaction of the Magistrate.

(3.) Sub Divisional Magistrate, Fort Kochi, based on the report dated 28.3.2009 submitted by the Sub Inspector of Police, Kalamassery Police Station, issued Annexure-III order dated 22.4.2009 under Section 111 of Code of Criminal Procedure, exercising the powers under Section 107, directing the petitioner to appear in person on 19.5.2009 and show cause why he shall not be required to enter into a bond for Rs. 10,000/- and also to furnish security for the said amount by a bond of two sureties for the like, um for a term of one year. The order shows that based on the report submitted by Inspector of Police, Sub Divisional Magistrate was satisfied that proceedings under Section 107 of Code of Criminal Procedure is to be initiated, as it is likely to result in breach of peace on account of the petitioner. This petition is filed under Section 482 Code of Criminal Procedure to quash Annexure-III order and the proceedings initiated under Section 107 of Code of Criminal Procedure contending that it is an abuse of process of the court.