IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 1388 of 2006() ------------------------- MC.129/2006 of SUB DIVISIONAL MAGISTRATE, THRISSUR .................... PETITIONERS/COUNTER PETITIONERS 3,4,5,10,20&22: --------------- 1. NOUSHAD, S/O.KAREEM, KAREKKATTIL (H), METHALA. 2. NOUSHAD @ AMBALAM NOUSHAD, S/O.SHAMSU, KALARIKKAL VEEDU, KAVILKADAVU, LOKAMALESWARAM. 3. SIVAN, S/O.PARAMU, CHALLIYIL HOUSE, PARAMBIKULANGARA, METHALA. 4. VISWANATHAN, S/O.NARAYANAN, KALAPPURAKKAL HOUSE, KEEZHATHALAI, METHALA. 5. JAYADEVAN, S/O.DHARMARAJAN, KAPPITHAN PARAMBIL, THIRUVANCHIKULAM, METHALA. 6. VIJAYAKUMAR, S/O.RAVI, KAKKASSERRY VEEDU, ARAMKULAM, METHALA. BY ADV. SRI.P.K.ANIL RESPONDENTS& STATE/PETITIONER: --------------- 1. SUB DIVISIONAL MAGISTRATE, TRICHUR. 2. S.I. OF POLICE, KODUNGALLOOR. 3. C.I. OF POLICE, MALA. 4. DYSP, IRINGALAKUDA. 5. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.AMJETH ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.1388 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October 2008 ORDER Counter petitioners 3, 4, 5, 10, 20 and 22 in a proceeding initiated by the Sub Divisional Magistrate, Thrissur under Sections 107 and 111 of Code of Criminal Procedure (for short 'the Code') have filed this petition under Section 482 of the Code to quash the above proceedings pending against them. Annexure-I is stated to be the order passed by the learned Sub Divisional Magistrate. The above proceedings were initiated by the learned Sub Divisional Magistrate on the basis of the report submitted by the Sub Inspector of Police, Kodungallur Police Station alleging that petitioners and 17 others were likely to commit breach of peace and disturb public tranquility. 2. Pursuant to the above report, learned Sub Divisional Magistrate had passed Annexure-I order and issued non bailable warrant against the counter petitioners as provided under Section 113 of the Code. There is nothing on record to indicate that the learned Sub Divisional Magistrate had issued notice to the counter Crl.M.C.No.1388 OF 2006 :: 2 :: petitioners to show cause why each of them should not be ordered to execute bond for Rs.5,000/= with or without surety for keeping peace for a period of one year. As rightly contended by the petitioners, no opportunity was afforded to them to show cause. The learned Sub Divisional Magistrate proceeded to issue non bailable warrant straight away on receipt of the report of the Sub Inspector of Police without stating any valid reasons. 3. Moreover, Annexure-I order was passed in April 2006. Sub Divisional Magistrate had thought it fit to direct the petitioners to execute bond for one year. The period contemplated under Section 107 is already over. 4. Having perused the materials available on record, I am satisfied that Annexure-I order as against the petitioners is liable to be quashed. I do so. Crl.M.C. is disposed of in the above terms. (A.K.BASHEER, JUDGE) jes