High Court of KeralaSingle Judge2020-03-02Common Order disposed of; notices under Section...

Common Order in Crl.MC.809/2020 & Connected Cases: Midhun S. Nair v. State of Kerala and The Sub Inspector of Police, Koodal; Aswin Krishna v. State of Kerala and The Sub Inspector of Police, Koodal; Avinash V. v. State of Kerala and The Sub Inspector of Police, Koodal; Akash M v. State of Kerala and The Sub Inspector of Police, Koodal

Case / Petition Number:Crl.MC.No.809 of 2020 (and connected cases: 837/2020, 838/2020, 840/2020)

Neutral Citation:/null

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Ashok Menon
Judgment Date: 2020-03-02
Court Decision / Holding: The impugned notices under Section 111 Cr.P.C are set aside for cryptic, non-reasoned application of mind to the underlying reports. The Sub Divisional Magistrate is free to examine the reports afresh and pass orders in accordance with law and Kerala High Court precedents, if new material justifies action; the four petitions are disposed of.
Final Disposition: Common Order disposed of; notices under Section 111 Cr.P.C set aside; petitions disposed of; possibility of fresh, properly reasoned orders if warranted by fresh materials.

Parties to the Case

Appellants / Petitioners

Midhun S. Nair
Aswin Krishna
Avinash V.
Akash M

Respondents

The State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam
The Sub Inspector of Police, Koodal Police Station, Pathanamthitta District

Legal Representation & Advocates

Counsels for Petitioners

• Manu Ramachandran
• M. Kiranlal
• T. S. Sarath
• R. Rajesh (Varkala)
• Sameer M. Nair

Counsels for Respondents

• Sri Ramsech Chand (Public Prosecutor)

Case Synopsis & Summary

This common order of Justice Ashok Menon at the Kerala High Court concerns four Criminal Miscellaneous Cases: Crl.MC.809/2020 (Midhun S. Nair), Crl.MC.837/2020 (Aswin Krishna), Crl.MC.838/2020 (Avinash V.), and Crl.MC.840/2020 (Akash M.). The petitioners challenge notices issued under Section 111 Cr.P.C to execute bonds under Section 107 Cr.P.C for keeping peace, based on reports from the Sub Inspector of Police, Koodal. The court notes that the Sub Divisional Magistrate’s orders are cryptic and do not explain the substance of the information on which the 107 proceedings were initiated, referring to the reports filed by the police. Relying on Girish P. and Others v. State of Kerala and Another (2009(4) KHC 929) and Moidu v. State of Kerala (1982 KLT 578), the court holds that the substance of the information must be explained in the 107 proceedings. Consequently, the impugned Section 111 notices are set aside for lack of reasoned basis. However, the court clarifies that nothing precludes the Sub Divisional Magistrate from examining the reports anew and issuing fresh, properly reasoned orders if warranted by new material, pursuant to law and precedents. The connected petitions are disposed of accordingly.

Provisions of Law Cited

Section 111 Cr.P.CSection 107 Cr.P.CSection 3 Cr.P.C

Legal Doctrines & Maxims

Substance of information in reports under Section 107 Cr.P.C must be explained in the order.
Mere existence of criminal antecedents is not sufficient to justify a Section 107 Cr.P.C bond; reasons must be provided.
Orders under Section 107 Cr.P.C must be reasoned and non-cryptic; the authority must apply mind to the facts in the reports.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the notices issued under Section 111 Cr.P.C to secure bonds under Section 107 Cr.P.C suffer from cryptic reasoning, lacking application of mind to the police reports and failing to explain the substance of information on which the 107 proceedings were founded. They rely on the rulings in Girish P. and Others v. State of Kerala and Another (2009(4) KHC 929) and Moidu v. State of Kerala (1982 KLT 578) to argue that reasoned, detailed grounds are required before initiating 107 proceedings and that mere allegations or a roster of prior cases are insufficient. They urge setting aside the 111 notices and permitting fresh, properly reasoned actions if warranted by new materials.

Contentions of Respondents

The State and police contend that the Sub Divisional Magistrate acted on police reports and that material exists to justify initiating 107 proceedings. They submit the order may be sustained if accompanied by adequate reasons; however, the court ultimately found the impugned orders cryptic and required reasoned orders in line with law and precedent.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Girish P. and Others v. State of Kerala and Another	2009(4) KHC 929	Positive	Cited to emphasize that the substance of the information in the report must be explained in 107 Cr.P.C proceedings; lack of explanation renders the order cryptic.
Moidu v. State of Kerala	1982 KLT 578	Positive	Cited as authority for requiring a explained, reasoned basis for initiating 107 Cr.P.C proceedings.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941** **Crl.MC.No.809 OF 2020(A)** ## **AGAINST THE ORDER/JUDGMENT IN MC 157/2019 OF SUB DIVISIONAL MAGISTRATE, ADOOR** ## **PETITIONER/RESPONDENT:** **MIDHUN S. NAIR AGED 19 YEARS S/O.MURALEEDHARAN, MURALI VILASAM, KALLARETH, KALANJOOR P.O., KONNI TALUK, PATHANAMTHITTA DISTRICT-689694.** **BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) SHRI.SAMEER M NAIR** ## **RESPONDENTS/STATE AND DEFACTO COMPLAINANT:** - **1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.** - **2 THE SUB INSPECTOR OF POLICE, KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT-689693.** ## **SRI RAMSEH CHAND- P P** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.03.2020, ALONG WITH Crl.MC.837/2020(D), Crl.MC.838/2020(D), Crl.MC.840/2020(D), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.MC.No.809 OF 2020 & Connected cases 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941** **Crl.MC.No.837 OF 2020(D)** **AGAINST THE ORDER/JUDGMENT IN CRMC 160/2019 OF SUB DIVISIONAL MAGISTRATE, ADOOR** ## **PETITIONER/RESPONDENT:** **ASWIN KRISHNA AGED 19 YEARS S/O.BALAKRISHNA PILLAI, SREE VILASOM, PARAYANCODE, KALANJOOR P.O., KONNI TALUK, PATHANAMTHITTA DISTRICT-689 694.** **BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) SHRI.SAMEER M NAIR** ## **RESPONDENTS/STATE AND DEFACTO COMPLAINANT:** **1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.** **2 THE SUB INSPECTOR OF POLICE, KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT-689 693.** **SRI RAMSEH CHAND- P P** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.03.2020, ALONG WITH Crl.MC.809/2020(A), Crl.MC.838/2020(D), Crl.MC.840/2020(D), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.MC.No.809 OF 2020 & Connected cases 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941** **Crl.MC.No.838 OF 2020(D)** **AGAINST THE ORDER/JUDGMENT IN MC 165/2019 OF SUB DIVISIONAL MAGISTRATE, ADOOR** ## **PETITIONER/RESPONDENT:** **AVINASH V. AGED 24 YEARS S/O.VINOD KUMAR, SHIVAMANGALATHU, KUDUTHA, KALANJOOR MURI, KALANJOOR P.O. AND VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT-689 694.** **BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) SHRI.SAMEER M NAIR** ## **RESPONDENTS/STATE AND DEFACTO COMPLAINANT:** - **1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.** - **2 THE SUB INSPECTOR OF POLICE, KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT689 693.** **SRI RAMSEH CHAND- P P** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.03.2020, ALONG WITH Crl.MC.809/2020(A), Crl.MC.837/2020(D), Crl.MC.840/2020(D), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.MC.No.809 OF 2020 & Connected cases 4 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941** **Crl.MC.No.840 OF 2020(D)** **AGAINST THE ORDER/JUDGMENT IN MC 164/2019 OF SUB DIVISIONAL MAGISTRATE, ADOOR** **CRIME NO.381/2018 OF Koodal Police Station , Pathanamthitta** ## **PETITIONER/RESPONDENT:** **AKASH M AGED 19 YEARS S/O. MADHU, KANJIRAVILA VEEDU, KALLARETH, KALANJOOR P.O. KONNI TALUK, PATHANAMTHITTA DISTRICT-689 694** **BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) SHRI.SAMEER M NAIR** ## **RESPONDENTS/STATE AND DEFACTO COMPLAINANT:** - **1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031** - **2 THE SUB INSPECTOR OF POLICE , KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT-689 693** ## **SRI. RAMESH CHAND-PP** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.03.2020, ALONG WITH Crl.MC.809/2020(A), Crl.MC.837/2020(D), Crl.MC.838/2020(D), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** 5 Crl.MC.No.809 OF 2020 & Connected cases ## **COMMON ORDER** **[ Crl.MC.809/2020, Crl.MC.837/2020, Crl.MC.838/2020, Crl.MC.840/2020 ] Dated this the 2nd day of March 2020** The petitioners have received notice under Section 111 of Cr.P.C to execute bond for keeping peace for a period of one year in MC Nos.157/2019, 160/2019, 165/2019 and 164/2019 by the Sub Divisional Magistrate Court, Adoor, vide orders at Annexures A7 and A8 in each of the cases. The impugned order of the Sub Divisional Magistrate is based on Annexure A4 reports submitted by the Sub Inspector of Police, Koodal to initiate proceedings under Section 107 of Cr.P.C. He has stated the reasons why an action under Section 107 is to be initiated against the accused, all of whom have criminal antecedents. The learned Sub Divisional Magistrate has in the impugned orders referred to the reports filed by the Sub Inspector Crl.MC.No.809 OF 2020 & Connected cases **==> picture [8 x 9] intentionally omitted <==** of Police and mentioned the crimes against the petitioners which has been initiated against them, and in a single line order, it is stated that she is satisfied by the facts stated about the counter petitioners and that they are likely to commit breach of peace within the territorial jurisdiction of the court and therefore proceedings are taken to issue notice under Section 111 Cr.P.C for initiating proceedings under Section 107 Cr.P.C. 2. In innumerable decisions, including in _**Girish P. and Others v. State of Kerala and**_ _**Another, [2009(4) KHC 929]**_ as also in _**Moidu v.**_ _**State of Kerala, [1982 KLT 578],**_ this Court has held that in the order passed by the Sub Divisional Magistrate calling upon the counter petitioners to execute bond under Section 107 Cr.P.C, it is essential that the substance of the information based on which the proceedings ## Crl.MC.No.809 OF 2020 & Connected cases **==> picture [8 x 9] intentionally omitted <==** initiated has to be explained. But in the instant case, even though, there are several matters stated in the report filed by the Sub Inspector of Police, just by a cursory reference to that report the Sub Divisional Magistrate has not applied mind to the facts stated therein so as to come to a conclusion whether an order of keeping peace is required and essential to be passed against the petitioners. The order is cryptic and does not explain in detail the report and reasons for passing order under Section 107 Cr.P.C. 3. Mere existence of criminal cases against the persons alone may not be sufficient to execute a bond for peace under Section 107 Cr.P.C. Something more than that is necessary, and I am sure that, had the Sub Divisional Magistrate applied her mind to the reports filed by the Sub Inspector, a proper order could have been passed. In the absence of the description giving the ## Crl.MC.No.809 OF 2020 & Connected cases **==> picture [8 x 9] intentionally omitted <==** substance of the information, notice under Section 111 Cr.P.C is not sufficient and therefore, the impugned notices under Section 111 are set aside. However, it is made clear that nothing precludes the Sub Divisional Magistrate to examine the reports filed afresh and pass orders in accordance with law and accordance with the precedents of this Court, in case, reasons for such action is still available to the Sub Divisional Magistrate. Accordingly, these Crl.MCs are disposed of. ## **Sd/-** ## **ASHOK MENON** ## **JUDGE** spk Crl.MC.No.809 OF 2020 & Connected cases 9 ## **APPENDIX OF Crl.MC 809/2020** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 THE TRUE COPY OF THE FIR NO.365/2019 OF KOODAL POLICE STATION, PATHANAMTHITTA.** - **ANNEXURE A2** **THE TRUE COPY OF THE FIR IN CRIME NO.381/2018 OF KOODAL POLICE STATION, PATHANAMTHITTA.** - **ANNEXURE A3 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.381/2018 OF KOODAL POLICE STATION NOW PENDING AS C.C.NO.1586/2018 ON THE FILES OF JFMC-I, PATHANAMTHITTA.** - **ANNEXURE A4 THE TRUE COPY OF THE REPORT NIL DATED FILED BY THE 2ND RESPONDENT BEFORE THE SUB DIVISIONAL MAGISTRATE, ADOOR WITH SANCTION FROM DEPUTY SUPERINTENDENT OF POLICE, ADOOR.** - **ANNEXURE A5 THE TRUE COPY OF THE FINAL REPORT FILED IN ANN.A1 S.107 PROCEEDINGS WHICH IS NOW PENDING AS M.C.NO.157/2019 ON THE FILES OF SUB DIVISIONAL MAGISTRATE COURT, ADOOR.** - **ANNEXURE A6 THE TRUE COPY OF THE SUMMONS ISSUED BY THE SUB DIVISIONAL MAGISTRATE, ADOOR TO THE PETITIONER IN M.C.NO.157/2019.** - **ANNEXURE A7 THE TRUE COPY OF THE COMMON ORDER DATED 02.12.2019 IN CRL.MC NO.7826/2019 OF THIS HON'BLE COURT.** - **ANNEXURE A8 THE TRUE COPY OF THE PRELIMINARY ORDER DATED 08.05.2019 UNDER S.III OF CR.PC IN MC NO.157/2019.** **RESPONDENT'S/S EXHIBITS: NIL** Crl.MC.No.809 OF 2020 & Connected cases 10 ## **APPENDIX OF Crl.MC 837/2020** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 THE TRUE COPY OF THE FIR NO.363/2019 OF KOODAL POLICE STATION, PATHANAMTHITTA.** **ANNEXURE A2 THE TRUE COPY OF THE FIR IN CRIME NO.381/2018 OF KOODAL POLICE STATION, PATHANAMTHITTA.** **ANNEXURE A3** **THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.381/2018 OF KOODAL POLICE STATION NOW PENDING AS CC NO.1586/2018 ON THE FILES OF JFMC-1, PATHANAMTHITTA.** - **ANNEXURE A4 THE TRUE COPY OF THE REPORT NIL DATED FILED BY THE 2ND RESPONDENT BEFORE THE SUB DIVISIONAL MAGISTRATE, ADOOR WITH SANCTION FROM DEPUTY SUPERINTENDENT OF POLICE, ADOOR.** - **ANNEXURE A5 THE TRUE COPY OF THE SUMMONS ISSUED BY THE SUB DIVISIONAL MAGISTRATE, ADOOR TO THE PETITIONER IN MC NO.160/2019.** - **ANNEXURE A6 THE TRUE COPY OF THE COMMON ORDER DATED 02.12.2019 IN CRL.MC NO.7823/2019 OF THIS HON'BLE COURT.** **ANNEXURE A7 THE TRUE COPY OF THE PRELIMINARY ORDER DATED 08.05.2019 UNDER S.111 OF CR.PC IN MC NO.160/2019.** ## **RESPONDENT'S/S EXHIBITS: NIL** Crl.MC.No.809 OF 2020 & Connected cases 11 ## **APPENDIX OF Crl.MC 838/2020** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 THE TRUE COPY OF THE FIR NO.357/2019 OF KOODAL POLICE STATION, PATHANAMTHITTA.** - **ANNEXURE A2** **THE TRUE COPY OF THE FIR IN CRIME NO.381/2018 OF KOODAL POLICE STATION, PATHANAMTHITTA.** - **ANNEXURE A3 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.381/2018 OF KOODAL POLICE STATION NOW PENDING AS CC NO.1586/2018 ON THE FILES OF JFMC-1, PATHANAMTHITTA.** - **ANNEXURE A4 THE TRUE COPY OF THE REPORT NIL DATED FILED BY THE 2ND RESPONDENT BEFORE THE SUB DIVISIONAL MAGISTRATE, ADOOR WITH SANCTION FROM DEPUTY SUPERINTENDENT OF POLICE, ADOOR.** - **ANNEXURE A5 THE TRUE COPY OF THE FINAL REPORT FILED IN ANN.A1 S.107 PROCEEDINGS WHICH IS NOW PENDING AS MC NO.165/2019 ON THE FILES OF SUB DIVISIONAL MAGISTRATE COURT, ADOOR.** - **ANNEXURE A6 THE TRUE COPY OF THE SUMMONS ISSUED BY THE SUB DIVISIONAL MAGISTRATE, ADOOR TO THE PETITIONER IN MC NO.165/2019.** - **ANNEXURE A7 THE TRUE COPY OF THE PRELIMINARY ORDER DATED 08.05.2019 UNDER S.111 OF CR.PC IN MC NO.165/2019.** - **ANNEXURE A8 THE CERTIFIED COPY OF THE ORDER SHEET OF M.C.NO.165/2019 ON THE SUB DIVISIONAL MAGISTRATE COURT, ADOOR** **RESPONDENT'S/S EXHIBITS: NIL** Crl.MC.No.809 OF 2020 & Connected cases 12 ## **APPENDIX OF Crl.MC 840/2020** **PETITIONER'S/S EXHIBITS:** - **ANNEXURE A1 THE TRUE COPY OF THE FIR NO.359/2019 OF KOODAL POLICE STATION, PATHANAMTHITTA** - **ANNEXURE A2 THE TRUE COPY OF THE FIR IN CRIME NO.381/2018 OF KOODAL POLICE STATION, PATHANAMTHITTA** - **ANNEXURE A3 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.381/2018 OF KOODAL POLICE STATION NOW PENDING AS CC.NO.1586/2018 ON THE FILES OF JFMC-I, PATHANAMTHITTA** - **ANNEXURE A4 THE TRUE COPY OF THE REPORT NIL DATED FILED BY THE 2ND RESPONDENT BEFORE THE SUB DIVISIONAL MAGISTRATE, ADOOR, WITH SANCTION FROM DEPUTY SUPERINTENDENT OF POLICE, ADOOR** - **ANNEXURE A5 THE TRUE COPY OF THE FINAL REPORT FILED IN ANN.A1 S.107 PROCEEDINGS WHICH IS NOW PENDING AS M.C.NO.164/2019 ON THE FILES OF SUB DIVISIONAL MAGISTRATE COURT, ADOOR** - **ANNEXURE A6 THE TRUE COPY OF THE SUMMONS ISSUED BY THE SUB DIVISIONAL MAGISTRATE, ADOOR TO THE PETITIONER IN MC NO.164/2019** - **ANNEXURE A7 THE TRUE COPY OF THE COMMON ORDER DATED 02.12.2019 IN CRL MC NO.7825/2019 OF THIS HON'BLE COURT** - **ANNEXURE A8 THE TRUE COPY OF THE PRELIMINARY ORDER DATED 08.05.2019 UNDER S.111 OF CR.PC IN MC NO.164/2019** **RESPONDENT'S/S EXHIBITS: NIL**