M. Sasidharan Nambiar, J.

1. Petitioner, suspected to be involved in Crime No. 233/2009 of Kalamassery Police Station, registered for offences under Ss. 120B and 395 read with S.34 of Indian Penal Code by the Sub Inspector of Police, Kalamassery Police Station, was summoned to Kalamassery Police Station on 11.2.2009. On the allegation that while so petitioner attempted to commit suicide, Crime No.262/2009 of Thrikkakara Police Station was registered for offences under Ss.353 and 309 of Indian Penal Code.

2. Petitioner approached Sessions Court, Emakulam for anticipatory bail under S.438 of Code of Criminal Procedure, by filing Crl.M.C.No.315/2009. On 18.2.2009, he was granted anticipatory bail on conditions. He was directed to appear before the Investigating Officer in Crime No.233/2009 on 20.2.2009 at 11 a.m. after his discharge from the hospital, where he was undergoing treatment and the Investigating Officer was directed to produce him before the Magistrate on the same day at 4 p.m. and Magistrate was directed to release him on bail, on executing bond for Report. One lakh with two solvent sureties each for the like sum and petitioner was directed to appear before the Investigating Officer on every alternate days for one month and thereafter once in a week till the final report is filed. In Crime No.262/2009 also, petitioner was directed to be released on bail, on executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate, when he is produced before the Magistrate by the Investigating Officer. Petitioner was produced before the Magistrate on 20.2.2009 and was released on bail on executing a bond for Rupees One lakh with two solvent sureties each for the like sum to the satisfaction of the Magistrate.

3. Sub Divisional Magistrate, Fort Kochi, based on the report dated 28.3.2009 submitted by the Sub Inspector of Police, Kalamassery Police Station, issued Annexure-III order dated 22.4.2009 under S. 111 of Code of Criminal Procedure, exercising the powers under S. 107, directing the petitioner to appear in person on 19.5.2009 and show cause why he shall not be required to enter into a bond for Rs. 10,000/- and also to furnish security for the said amount by a bond of two sureties for the like sum for a term of one year. The order shows that based on the report submitted by Inspector of Police, Sub Divisional Magistrate was satisfied that proceedings under S. 107 of Code of Criminal Procedure is to be initiated, as it is likely to result in breach of peace on account of the petitioner. This petition is filed under S.482 Code of Criminal Procedure to quash Annexure-III order and the proceedings initiated under S. 107 of Code of Criminal Procedure contending that it is an abuse of process of the court.

4. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard.

5. Learned counsel pointed out that under Annexure-I order, Sessions Court directed the petitioner to appear before the Investigating Officer and directed the Investigating Officer to produce the petitioner before the Magistrate on the same day and directed the Magistrate to release the petitioner on bail on executing a bond for Rupees One lakh with two solvent sureties each for the like sum with a direction to the petitioner to appear before the Investigating Officer on every alternate days for one month and thereafter, once in a week and in such circumstances, Sub Divisional Magistrate should have found that there was no occasion to cause any breach of peace at the instance of the petitioner, as the conditions imposed by the Sessions Judge are more than sufficient to satisfy the conditions provided under S. 107 of Code of Criminal Procedure. Learned counsel also pointed out that apart from recording satisfaction, Annexure-III order does not reveal the basis on which satisfaction was arrived at or the contents of the report submitted by the Sub inspector of Police, based on which, the