IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 Crl.MC.No. 553 of 2004(D) ------------------------- MC.442/2003 of SUB DIVISIONAL MAGISTRATE, THIRUVANANTHAPURAM. .................... PETITIONER: ACCUSED 1 AND 2 --------------------------- 1. SUKUMARAN, AGED 59 YEARS, S/O. NARAYANAN NADAR, PADMA, 10TH STONE, ATHIYANNOOR VILLAGE. 2. SAJIN LAL, AGED 27 YEARS, S/O. SUKUMARAN, PADMA, 10TH STONE, ATHIYANNOOR VILLAGE. BY ADV. SRI.R.T.PRADEEP SRI.T.A.PRASANTH RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.2663/04 IN CRL.M.C.553/04 DISMISSED 6.6.08 SD/- (M.C.HARI RANI, JUDGE) M.C.HARI RANI J. ----------------------------------------------------- CRL.M.C.No.553 OF 2004 ----------------------------------------------------- DATED THIS THE 6th DAY OF JUNE, 2008 O R D E R This petition is filed under Section 482 of Cr.P.C. by the accused in Crime Nos.204/2000 and 578/2003 of Neyyattinkara Police Station with a prayer to quash the proceedings in M.C.No.442/2003 passed by the Sub Divisional Magistrate, Thiruvananthapuram produced as Annexure-III in this petition whereby the petitioners were directed to execute a bond for Rs.12,000/- and also to give security by the bond of two sureties for the like amount for keeping peace in the community and to keep good behaviour for the term of three years. That order has been passed by the Sub Divisional Magistrate, Thiruvananthapuram on 20.12.2003. The period stipulated therein was for a term of three years from the date of that order, which is already expired. 2. On a perusal of the records available before me, I find no reason to believe that the the petitioners herein are habitual offenders as mentioned under Section 110 of Cr.P.C. Only two CRL.M.C.553/04 -2- crimes were seen registered against them as Crime Nos.204/2000 and 578/2003 of Neyyattinkara Police Station. Thus, those proceedings were initiated against the petitioners with a gap of three years. In these circumstances, I find that the petitioners cannot be called upon by the Sub Divisional Magistrate, Neyyattinkara to execute the bond under Section 110(g) Cr.P.C. as ordered under the impugned order. Hence further proceedings in M.C.No.442/2003 before the Sub Divisional Magistrate's Court, Thiruvananthapuram are liable to be quashed and I do so. In the result, the Crl.M.C. is allowed. M.C.HARI RANI, JUDGE. dsn