IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 Crl.MC.No. 3326 of 2011 -------------------------------- MC.130/2011 of SUB DIVISIONAL MAGISTRATE COURT, DEVIKULAM .................... PETITIONERS/COUNTER PETITIONERS: 1. NISSAM, S/O PAREED, VELLAPLACKAL HOUSE, UDUMBANCHOLA VILLAGE. 2. BENJAMIN, S/O CHERIYAN, NEELIPILAYIL HOUSE, MAILADUMPARA. 3. LOHITHADAS, S/O CHINNATHAMPI, LAKSHMI VILASOM, KOYIPPALLIL. 4. SHIBOY, S/O VARGHESE, PAREYEKUDIYIL, CHEMMANNARKARA. 5. SHIBOY, S/O VARGHESE, PAREYEKUDIYIL, CHEMMANNARKARA BY ADV. SRI.GEORGE MATHEWS SMT.CELINE JOSEPH RESPONDENT/COMPLAINANT: TAHSILDAR, UDUMBANCHOLA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRMC 3326/2011 ANNEXURE-I TRUE COPY OF THE COMPLAINT DT. 21.7.07 ANNEXURE-II TRUE COPY OF THE FIR DT. 4.8.2011 ANNEXURE-III TRUE COPY OF THE ORDER DT. 25.7.2011 IN CRMC 11/2011 OF THE SESSIONS JUDGE THODUPUZHA ANNEXURE-IV TRUE COPY OF THE PRELIMINARY ORDER DT. 24.9.10 IN MC 130/2011 OF SDM DEVIKULAM /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.3326 of 2011 ------------------------------------------- Dated this the 29th day of September, 2011 ORDER Petitioners are the counter petitioners in M.C.No.130/2011 of Sub Divisional Magistrate, Devikulam, which was initiated under Section 107 of Code of Criminal Procedure. As per Annexure-IV order, learned Magistrate directed the petitioners to appear before him on 27.09.2011 and to show cause why they should not be ordered to execute bond for Rupees One lakh with two Gazetted Officers as sureties for the like sum. There is also a direction that these petitioners shall be arrested and produced before him as the Magistrate was of the opinion that there was every chance of commission of breach of peace and public tranquility on account of the activities of the petitioners. 2. Learned senior counsel submits that the condition that two Gazetted Officers should be the sureties was insisted upon by the learned Magistrate only to see that petitioners cannot get the bond executed as it will not be easy for them to get two Gazetted Officers as sureties and therefore the said condition is to be set aside. It is submitted that petitioners will offer two CRMC 3326/2011 2 other solvent sureties and will execute the bond within a week from today. It is further submitted that there was no imminent danger or such a volatile situation which warranted ordering of arrest. Since petitioners were already arrested and produced, no further direction is required with regard to the same. This petition is disposed of on the following terms: Instead of requiring two Gazetted Officers to stand as sureties, petitioners (counter petitioners in the MC) shall offer two solvent sureties, who will produce the recent basic tax receipts to show that they are solvent. The bond shall be executed within a week from today. (N.K.Balakrishnan, Judge) tkv