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2025 Supreme(Online)(KER) 11571

HIGH COURT OF KERALA
V. G. Arun, J
JAYANTH.K.C – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: T.ASAFALI, LALIZA.T.Y
For the Respondents: SRI. M.C. ASHI

ORDER

Petitioner is aggrieved by Annexure 1 preliminary order under Section 111 Cr.P.C issued by the 2nd respondent requiring him to show cause as to why he should not be called upon to execute bond for Rs.50,000/- with sureties to keep peace for a period of one year.

2. The learned counsel for the petitioner contended that mere registration of a crime against the petitioner, that too under the provisions of the Lotteries (Regulation) Act cannot be the basis for issuing a preliminary order under Section 111 . It is further contended that, the impugned order is issued anticipating that the petitioner may commit acts of violence in the locality in future. Relying on the decisions in Chirukandath Chandrasekharan and Others v. State of Kerala [1970 KHC 303] and Moidu v. State of Kerala [1982 KHC 139] , it is contended that mere anticipation of a possible breach of peace is not sufficient for issuing an order under Section 107 and the breach of peace sought to be prevented should be imminent.

3. Learned Public Prosecutor submitted that a reading of Annexure 2 report would reveal that the activities of the petitioner is resulting in breach of public peace and therefore, usage of a wrong

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