IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Crl.MC.No. 3365 of 2011() ------------------------ MC.231/2011 AND MC 569/2011 OF SUB DIVISIONAL MAGISTRATE COURT, FORT KOCHI ................. PETITIONER/COUNTER PETITIONER : ------------------------------------------------------- BENNY, AGED 36 YEARS, S/O.ANTONY, THEKKINEL HOUSE, CHUNAGAMVELI KARA, EDATHALA, ALUVA. BY ADV. SRI.G.SANTHOSH KUMAR (P). RESPONDENTS/PETITIONER AND STATE : ------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, ALUVA EAST POLICE STATION - 683 101. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31. R1 & R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 3365 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE AI TRUE COPY OF THE ORDER DATED 13/09/2011 IN MC.NO.569/2011 ON THE FILE OF THE SUB DIVISIONAL MAGISTRATE COURT, FORT KOCHI. ANNEXURE A2 TRUE COPY OF THE ORDER DATED 01/04/2011 M.C.NO.231/2011 ON THE FILE OF THE SUB DIVISIONAL MAGISTRATE COURT, FORT KOCHI. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3365 of 2011 ----------------------------------- Dated this the 17th day of October 2011 O R D E R Petitioner contends that in Annexure A2 order, the substance of the report filed by the Sub Inspector of Police has not been mentioned. As per that order he was to appear before the learned Magistrate on 8.4.2011 at 11 AM. The learned counsel submits that the party did not appear in person so far. Appearance through counsel alone is not sufficient. Annexure-A1 is another order dated 13.9.2011. It is submitted by the learned counsel that against the very same petitioner two cases were initiated under Sec.107 Cr.P.C. I agree with the learned counsel that one case itself will be sufficient in respect of all the allegations made against the petitioner. Petitioner has not appeared before the learned SDM so far. Hence, this Crl.M.C. is disposed of with the Crl.M.C. No.3365 of 2011 -: 2 :- following directions :- (i)Petitioner will appear in person before the learned SDM, Fort Kochi on 2.11.2011. (ii)The learned Magistrate will club M.C.No.231/2011 and M.C.No.569/2011 as one case. All the materials against the petitioner can be made use of in that single proceeding. (iii)The petitioner can show cause why he should not be ordered to execute a bond with or without sureties for keeping peace during such period not exceeding one year. (iv)The learned Magistrate will pass appropriate orders in accordance with law following the procedures under Sec.111 and other sections of the Code relating to the same. N.K.BALAKRISHNAN, JUDGE. Jvt