IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 6^TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946 CRL.MC NO. 2042 OF 2025 CRIME NO.13/2023 OF Walayar Police Station, Palakkad SC NO.950 OF 2023 OF ASSISTANT SESSIONS COURT/ADDITIONAL SUB COURT, PALAKKAD PETITIONER/1ST ACCUSED:

RANAPRATHAB AGED 30 YEARS S/O. KRISHNADAS, 81, SAKTHI NAGAR, PUTHUSSERY WEST, KANJIKKODE, PALAKKAD, PIN – 678007.

BY ADVS.

SARATH M.S. GOKUL DEVIS ATHUL KRISHNA A.

RESPONDENT/STATE:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031.

2 STATION HOUSE OFFICER WALAYAR POLICE STATION, PALAKKAD, PIN – 678624.

SMT. PUSHPALATHA. M.K, SR.PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

06.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The challenge in this Crl.M.C is against Annexure A1 order of the Sub Divisional Magistrate issued under Section 111 Cr.P.C, requiring the petitioner to show cause as to why he should not be ordered to execute cash bond for Rs.10,000/- with two solvent sureties for keeping peace for a period of one year. The challenge is on the premise that the crime registered at the Walayar Police Station, which is stated to be the reason for issuing Annexure A1 order, is quashed by this Court as per Annexure A2 order. 2. Learned counsel for the petitioner contended that, other than the report of the Inspector of Police, Walayar regarding petitioner’s involvement in Crime No.13 of 2023, no other material is referred in Annexure A1 order. It is submitted that Crime No.13 of 2023 and S.C No.950 of 2023 based on that crime stands quashed by this Court as per Annexure A2 order in Crl.M.C No.9776 of 2024. Being so, petitioner’s liberty cannot be curtailed by requiring him to execute a bond, is the argument.

3. I heard the learned Public Prosecutor also.

4. As contended, Annexure A1 order is based entirely on Crime No.13 of 2023 registered against the petitioner. That crime and the Sessions Case based on it having been quashed by Annexure A2 order, proceedings initiated as per Annexure A1, if continued, will be an abuse of process of court.

Hence, the Crl.M.C is allowed and Annexure A1 order and further proceedings thereon, is quashed.

Sd/-

V.G.ARUN JUDGE Sru APPENDIX OF CRL.MC 2042/2025 PETITIONER’S ANNEXURES Annexure A1 A TRUE COPY OF THE SUMMONS ON INFORMATION OF PROBABLE BREACH OF THE PEACE IN M.C. NO.

609/2024 OF VALAYAR POLICE SATION DATED

14/07/2024 Annexure A2 A TRUE COPY OF THE JUDGMENT DATED 5/12/2024 IN HIGHCOURT OF KERALA OF CRLM.C OF 9776 OF

2024 Annexure A3 A TRUE COPY OF THE JUDGMENT DATED 28.02.2014 IN HIGHCOURT OF KERALA OF CRL.M.C NO. 1155 OF

2014