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2017 DIGILAW 871 (KER)

Sanjeev Kumar v. State of Kerala

2017-06-12

K.ABRAHAM MATHEW

body2017
ORDER : K. ABRAHAM MATHEW, J. 1. Petition filed under Section 482 Cr.P.C. 2. The petitioner is the respondent in M.C.No. 285 of 2016 on the file of the Sub Divisional Magistrate, Kozhikode. He is being proceeded against under Section 107 Cr.P.C. He has been issued Annexure-Al notice under Section 111 Cr.P.C. He has been directed to appear before the learned Magistrate and show cause why he should not be required to execute a bond for keeping peace for a term of one year. This is challenged. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. In Annexure-Al notice it is mentioned that the petitioner is being proceeded against on the basis of a report filed by the Sub Inspector of Police, Medical College Police Station. It is mentioned in the order that the petitioner is involved in some criminal cases, the numbers of which have been given. The learned Public Prosecutor submits that the petitioner is involved in 8 criminal cases. One was registered under Section 306 IPC and the others under Sections 420 IPC. To attract Section 107 Cr.P.C. it is necessary that the person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity. The offence under Section 420 IPC will not lead to breach of peace or disturb the public tranquillity. Commission at the offence under Section 306 IPC also will not attract Section 107 Cr.P.C So it appears that the ground mentioned in Annexure-Al order to initiate proceedings under Section 107 Cr.P.C. is not valid. Consequently, Annexure-Al cannot be upheld. In the result/this Crl.M.C. is allowed. Annexure-Al order is set aside.