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2025 Supreme(Online)(Ker) 52033

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
APPU R – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.R.SASITH, SMT.R.K.CHIRUTHA, SMT.ANJANA SURESH.E, SMT.REETHU JACOB, SMT.LIDHIYA GEORGE, SMT.HASNA JABIL, SMT.ANJITHA S.
For the Respondents: SR PP SMT SEETHA S

ORDER

Dated this the 20th day of November, 2025 The petitioner is the counter petitioner in M.C.No.86/2025 pending before the Court of the Sub Divisional Magistrate, Punalur.

2. The petitioner has been served with Annexure-A1 preliminary order calling upon him to show cause why he should not be ordered to execute a bond for Rs.20,000/- with two solvent sureties for the like amount, to keep peace for a period of one year as contemplated under Section 107 read with Section 111 of the Code of Criminal Procedure (‘Cr.P.C’, in short).

3. The petitioner contends that Annexure-A1 order is unsustainable in law because the Sub Divisional Magistrate has not set forth the substance of the information in the said order, which is mandatory under Section 107 read with Section 111 of the Cr.P.C, and the law laid down by this Court inMoidu vs. State of Kerala ( 1982 KHC 139 )

Therefore, Annexure-A1 preliminary order may be quashed.

4. Heard; the learned Counsel for the petitioner and the learned Public Prosecutor.

5. In the above context it is necessary to refer to Sections 107 and 111 of the Code of Criminal Procedure ,which reads as follows:

“107. Security for keeping the peace in other cases.—(1

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