HIGH COURT OF KERALA
V. G. Arun, J
JAYANTH.K.C – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner disputes the legality of the preliminary order. (Para 1) |
| 2. arguments center on the necessity of imminent threats for such orders. (Para 2 , 3) |
| 3. court determines that the specific criteria for bond issuance were not met. (Para 4) |
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
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