JASU BUKHARI Vs. STATE OF KERALA

JUDGEMENT

(1.) In these petitions filed under Section 482 of the Code of Criminal Procedure, the petitioners challenge Annexure-F order of the Sub Divisional Magistrate, Fort Kochi. By the said order, the petitioners, who are brothers, have been called upon to appear before the said officer in person at 11.30 a.m. on 24.07.2018 and to show cause why they should not be ordered to execute a cash bond of Rs.50,000/- with two solvent sureties for the like sum amount for keeping peace for a period of one year under Section 107 of the Cr.P.C.

(2.) The learned counsel appearing for the petitioners would assail the orders on various grounds. According to the learned counsel, Annexure-F notices display total non-application of mind as it is mentioned that the petitioners are involved in three crimes registered at the Panangad Police Station. Identical orders have been issued to both the petitioners on 13th of July, 2018 mentioning the very same crimes. It is pointed out that those crimes are registered at the instance of the neighbour of the petitioners in connection with a property dispute, which litigation is pending before the Civil Court. He would also refer to Annexure-E order passed by this Court in W.P.(C) No.34254 of 2016, in which case, the petitioners had approached this Court complaining of police harassment. This Court had relegated the parties to settle their disputes in a Civil Court. It is urged that, in the fact situation, the materials before the learned Magistrate were thoroughly inadequate to arrive at the requisite satisfaction. There was no indication of the likelihood of any breach of peace or disturbance of public tranquillity, as it was a dispute between neighbours. Finally, it is contended that the preliminary order under Section 107 did not meet the requirement of Section 111 of the Code. Reliance were placed on the Full Bench decision of this Court in Moidu v. State of Kerala [1982 KLT 578] and the decision of the learned Single Judges in Peethambaran v. State of Kerala [1980 KLT 876], 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].

(3.) Heard the learned Public Prosecutor as well and I have perused the materials on record.