IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 Crl.MC.No. 681 of 2009() --------------------------------- MC.NO. 9/2009 of THESUB DIVISIONAL MAGISTRATE COURT, ALAPPUZHA .................... PETITIONER(S): CR.PETITIONER: ----------------------------- 1. SANTHOSH, AGED 39 YEARS, S/O.LATE KARUNAKARAN, THENATHU WARD NO.19, THANEERMUKKOM PANCHAYATH, CHERTHALA. 2. SHAIBI DIVAKARAN @ SAHIBIMON, AGED 37 YEARS, PUTHEN NIKARTHIL, WARD NO.19, THANNEERMUKKOM PANCHAYATH, CHERTHALA. BY ADVOCATE MR. B.PRAMOD RESPONDENT(S): PETITIONER & STATE: ------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, CHERTHALA POLICE STATION. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 681 OF 2009 --------------------------------- Dated this the 24th day of February, 2009 O R D E R This petition is filed to quash Annexure A1 notice and all the proceedings in M.C. 9/2009 on the file of the Sub Divisional Magistrate Court, Alappuzha. It is to be stated that Annexure A1 order has been passed even without hearing the persons. It is improper and it is not correct to pass exparte order and then direct them to execute a bond for good behaviour. Therefore Annexure A1 order is set aside and the Sub Divisional Magistrate, Alappuzha is directed to give notice to the present petitioners, hear them and pass orders in accordance with law. The Crl. M.C. is disposed of. M.N. KRISHNAN,JUDGE vkm