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2015 Supreme(Ker) 1154

MARY JOSEPH
Bejoy – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : C.A. Chacko and C.M. Charisma.
For the Respondents: Madhu Ben, Public Prosecutor.

ORDER :

Mary Joseph, J.

1. The counter petitioner in M.C. No. 165/2014/C on the file of Sub-Divisional Magistrate, Kochi has moved this petition under S. 482 of the Code of Criminal Procedure, (hereinafter referred to as Cr.P.C., for short) seeking to quash Annexure A1 preliminary order issued on 30.03.2014 against him pursuant to proceedings initiated under S. 107 Cr.P.C. By issuing Annexure A1 order, the Sub-Divisional Magistrate directed the petitioner to attend in person before him at 11 a.m. on 08.04.2014 and to show cause why he should not be required to enter into a bond for Rs.25,000/- and also furnish security by executing a bond with two solvent sureties each for the like sum, for keeping peace for a period of one year. Annexure A1 order is sought to be quashed on the reason that it is improper and illegal.

2. Smt. C.N. Charisma the learned counsel appearing for the petitioner and Smt. Madhu Ben, the learned Public Prosecutor representing the State are heard in detail.

3. Smt. Charisma contented on behalf of the petitioner that it was the 2nd respondent who is none other than the Sub-Inspector of Police, Town North Police Station, Ernakulam who had recommended the Sub-Divisio

























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