2025:KER:26373 CRL.MC NO. 7912 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 CRL.MC NO. 7912 OF 2024 CRIME NO.218/2024 OF PERINTHALMANNA POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT DATED 23.07.2024 IN MC NO.435 OF 2024 OF SUB DIVISIONAL MAGISTRATE,PERINTHALMANNA PETITIONER: MUHAMMED SHAMEEL, AGED 28 YEARS S/O ABBAS, POTHUKADAN HOUSE, PARIYAPURAM, PUTHANANGADI POST, ANGADIPPURAM, MALAPPURAM DISTRICT, PIN - 679321 BY ADVS. K.B.GANGESH SMITHA CHATHANARAMBATH HARISANKAR.K.V. RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 SUB DIVISIONAL MAGISTRATE COURT, OFFICE OF THE SUB DIVISIONAL MAGISTRATE COURT, MINI CIVIL STATION, PERINTHALMANNA, MALAPPURAM, PIN - 679322 2025:KER:26373 CRL.MC NO. 7912 OF 2024 2 3 STATION HOUSE OFFICER, PERINTHALMANNA POLICE STATION, MALAPPURAM, PIN - 679322 BY SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:26373 CRL.MC NO. 7912 OF 2024 3 ORDER The challenge in this Crl.M.C is against Annexure A2 preliminary order of the Sub Divisional Magistrate, Perinthalmanna, requiring the petitioner to show cause why he should not be called upon to execute bond with sureties for keeping peace for a period of one year. 2. Learned counsel for the petitioner submits that the proceedings under Section 107 Cr.P.C is initiated based on a solitary crime, and the prima facie satisfaction that, by his activities, the petitioner is posing imminent threat to the peace and tranquility in the locality is not discernible from the order. It is also submitted that the crime in which the petitioner is made an accused pertains to a civil dispute with his neighbour and is registered as a counterblast to a crime registered against his neighbour at the petitioner’s instance. 3. Learned Public Prosecutor submitted that the offences alleged are those punishable under Sections 326 and 308 of IPC. That, coupled with petitioner’s conduct could have prompted the Sub Divisional Magistrate to initiate action 2025:KER:26373 CRL.MC NO. 7912 OF 2024 4 under Section 107 of Cr.P.C. 4. It is the settled position that merely for reason of involvement in a crime, proceedings under Section 107 Cr.P.C, resulting in curtailment of the liberty of a citizen, cannot be initiated. As contended, the factors based on which the Magistrate had reached the satisfaction that, unless the petitioner is refrained by an order under Section 107 Cr.P.C, his activities will result in breach of peace in the locality, is not stated in the order. The above crucial factors being absent, the impugned order cannot be sustained. In the result, the Crl.M.C. is allowed and Annexure A2 preliminary order is quashed. Sd/- V.G.ARUN JUDGE SPV 2025:KER:26373 CRL.MC NO. 7912 OF 2024 5 APPENDIX OF CRL.MC 7912/2024 PETITIONERS’ ANNEXURES ANNEXURE A1 A TRUE COPY OF THE REPORT FILED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT ANNEXURE A2 CERTIFIED COPY OF THE PRELIMINARY ORDER DATED 23.07.2024 ISSUED BY THE 2ND RESPONDENT IN MC NO.435/2024 ANNEXURE A3 PHOTOGRAPHS SHOWING THE STABBED WOUNDS ON THE PETITIONER ANNEXURE A4 A TRUE COPY OF THE FINAL REPORT OF THE CRIME NO 1484/2023 OF PERINTHALMANNA POLICE STATION RESPONDENTS’ ANNEXURES: NIL //TRUE COPY// PA TO JUDGE