IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 Crl.Rev.Pet.No. 958 of 2009 MC.39/2008 of SUB DIVISIONAL MAGISTRATE, FORT KOCHI .................... REVN. PETITIONER/COUNTER PETITIONER --------------------------------------- THOMAS, S/O.EASO, PAINUMMOTTIL HOUSE, ASOKA ROAD, KALOOR, ELAMKULAM VILLAGE. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SHUBHA ABRAHAM RESPONDENT(S): PETITIONER ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.I.OF POLICE, ELOOR POLICE STATION. PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.958 of 2009 --------------------------------------- Dated this 23rd day of June 2009 ORDER This revision is in challenge of the order dated 27-01-09 of Sub Divisional Magistrate, Fort Kochi in M.C.No.39/2008. Proceeding was initiated against petitioner under Sec.107 of the Code of Criminal Procedure (for short, “the Code”) based on a report of the Sub Inspector of Police. A preliminary order was issued under Sec.111 of the Code directing petitioner to attend the court of Sub Divisional Magistrate in person and to show cause why he should not be directed to enter into a bond of Rs.10,000/- (Rupees Ten Thousand Only). According to the petitioner he appeared in the court of Sub Divisional Magistrate on 27-01-09 and filed an application to withdraw the warrant issued against him stating reasons. Sub Divisional Magistrate by the impugned order directed petitioner to execute a permanent bond to keep peace and for maintaining good behaviour. That order is under challenge in this revision. Learned counsel contends that he had not requested for execution of bond under Sec.111 of Code and only requested to withdraw the warrant against him for reasons stated Crl.R.P.No.958/09 2 therein. 2. I want through the application preferred by the petitioner before the Sub Divisional Magistrate on 27-01-09 and find that it contains only a request to withdraw the warrant already issued against him. Petitioner has not undertaken to execute a permanent bond. The order under challenge cannot be sustained and it is liable to be set aside. Resultantly the order under challenge is set aside and the matter is remitted to the court of Sub Divisional Magistrate for appropriate action. It will be open to the Sub Divisional Magistrate to consider the request of the petitioner as per application dated 27-01-09 to recall the warrant and pass appropriate orders thereon. THOMAS P JOSEPH, JUDGE Sbna/