IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Crl.MC.No. 4080 of 2011() ------------------------- AGAINST ORDER DATED 04/04/2011 IN MC.48/2011ON THE FILES OF SUB DIVISIONAL MAGISTRATE, MUVATTUPUZHA. .................................................................................. PETITIONER: COUNTER PETITIONER --------------------------------- ELDHOSE, S/O.VARGHESE, ARACKAL HOUSE, CHERUKUNNAM KARA, ASAMANNOOR VILLAGE. BY ADVS. SRI.C.M.NAZAR SRI.S.K.AJAY KUMAR SRI.MANSOOR.B.H. RESPONDENT: STATE/COMPLAINANT/PETITIONER ------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING STATION HOUSE OFFICER, KURUPPAMPADY POLICE STATION, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4080 of 2011 APPENDIX PETITIONER'S ANNEXURES: A1 : TRUE COPY OF THE ORDER DATED 8.4.11 IN M.C. NO.48/11 OF SUB DIVISIONAL MAGISTRATE, MUVATTUPUZHA. RESPONDENT'S ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE smvd N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4080 of 2011 ------------------------------------------ Dated this the 29th day of November, 2011 ORDER This Criminal M.C. is filed by the counter petitioner in M.C. No.48/11 pending on the file of Sub Divisional Magistrate, Muvattupuzha. The notice was issued to the petitioner under Section 107 Cr.P.C. directing him to appear before the learned Magistrate at 11:00 A.M. on 29.04.2011 and to show casue why he should not be ordered to execute a bond for Rs.20,000/- (Rupees Twenty thousand only) with two solvent sureties for the like sum for a period of one year for keeping peace in the locality. 2. The learned counsel for the petitioner submits that the three crime numbers mentioned in the notice were connected with trade union activities of the petitioner. The petitioner is stated to be the worker of one of the trade unions. The learned counsel submits that the Magistrate has not applied his mind while ordering the notice under Section 107 Cr.P.C. Crl.M.C.No. 4080 of 2011 -: 2 :- 2. Though the notice required him to appear before the Sub Divisional Magistrate on 29.04.2011, so far the petitioner did not appear before the Sub Divisional Magistrate. It is submitted by the learned counsel that no warrant was issued against him. The request to quash the proceedings is found untenable. The petitioner has to file his objections as required under Section 107 Cr.P.C. and convince the learned Magistrate that the reports were filed by the police are not true. The petitioner will appear before the learned Sub Divisional Magistrate within two weeks from today. The learned SDM will then proceed in accordance with law. N.K. BALAKRISHNAN, JUDGE. smvd