IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 Crl.MC.No. 63 of 2005() ----------------------- MC.524/2004 OF SUB DIVISIONAL MAGISTRATE, THALASSERY .................... PETITIONER: COUNTER PETITIONERS: -------------------------------- 1. MADATHIL ABDULA, SON OF KUTTI MUHAMMAD, AGED 26 YEARS, MADATHIL HOUSE, EZHOME AMSOM, ONAPPARAMBA, KANNUR DISTRICT. 2. PULUKKOOL MOIDU, SON OF ABOOBACKER, AGED 22 YEARS, PULUKKOOL HOUSE, PARIYARAM AMSOM, ONAPPARAMBA, KANNUR DISTRICT. 3. KOMMACHI JABIR, SON OF IBRAHIM, AGED 24 YEARS, KOMMACHI HOUSE, PARIYARAM AMSOM, ONAPPARAMBA, KANNUR DISTRICT. 4. PULUKKOOL RAFEEQ, SON OF MUHAMMAD KUNHU, AGED 20 YEARS, RAFEENA MANZIL, PARIYARAM AMSOM, ONAPPARAMBA, KANNUR DISTRICT. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.S.MAMMU RESPONDENTS: PETITIONERS: ------------------------- 1. THE SUB INSPECTOR OF POLICE, PAZHAYANGADI, KANNUR DISTRICT. 2. THE SUB DIVISIONAL MAGISTRATE, THALASSERY. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI C.M. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.7423/2005 IN CRL.M.C.NO.63/2005 DISMISSED. 5-6-2008. SD/- V.K.MOHANAN, JUDGE. //TRUE COPY// V.K.MOHANAN, J. ---------------------------------------------- CRL.M.C. No.63 of 2005 ---------------------------------------------- Dated, 4th June, 2008. ORDER M.C.No.524/2004 is instituted by the Sub Divisional Magistrate, Thalassery in pursuance of Crime No.404 of 2004 of Pazhayangadi police Station. The subject matter of the occurrence in the above crime was taken place on 19-9-2004. It was on the basis of the Annexure 2 notice under section 107 of Cr.P.C. issued by the 2nd respondent, the petitioners were called upon to appear before the Sub Divisional Magistrate on 20-10-2004 at 10.30 a.m. to show cause why they should not be ordered to execute a bond for Rs.12,000/- (Rs.twelve thousand only) with two solvent sureties each for the like amount from keeping peace for a period of one year. Annexure 2 is dated 29-9-2004 and the period of bond fixed therein is one year. After annexure 2 notice, now more than 3 years are over and no untoward incident is reported after the issuance of Annexure 2 preliminary notice. In the light of the above facts and circumstances, I am of WPCR 165/08 -:2:- the opinion that especially, as the period for the bond ordered to be executed has already been expired and no incident pertained to law and order situation is reported, no proceedings is called for and as such, the Crl.M.C. became infructuous. In the result, the Crl.M.C. is dismissed. V.K.MOHANAN, JUDGE kvm/- WPCR 165/08 -:3:- Judgment/Order Dated: