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2023 Supreme(Online)(KER) 29097

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
ANTONY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
N.A.SHAFEEK

ORDER

These petitions have been filed by the petitioners challenging the order dated 27.4.2023 passed by the Sub Divisional Magistrate, Kochi invoking the powers under Section 111 of the Code of Criminal Procedure (“the Code” for the sake of brevity). The impugned orders, which are identically worded, call upon the petitioners to attend the Court of the Sub Divisional Magistrate on 11.5.2023 at 11 am and show cause why they shall not be ordered to execute a cash bond for Rs 100,000/ ( Rupees One Lakh Only) with two solvent sureties for the like sum for keeping the peace for a period of one year under Section 107 of the CrPC.

2. Sri N.A. Shafeek, the learned counsel appearing for the petitioners urged before this Court that before proceeding to invoke the powers under Section 107 of the Code, the learned Magistrate was bound to consider the materials placed before him and to satisfy himself that there are sufficient grounds for invoking the provision and to call up the individual to execute a bond as contemplated therein for a fixed period. According to the learned counsel, it would be pellucid even on a casual perusal of the order that the learned Magistrate has not cared to apply

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