IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 3861 of 2008() ------------------------------ MC.57/2008 of SUB DIVISIONAL MAGISTRATE COURT, KASARGOD AT KANHANGAD .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- N.M. SUNILKUMAR, S/O. KUNHAMBU, NAGATHINMOOLA HOUSE, POTHAVOOR, KAYYUR VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S)/RESPONDENT/COMPLAINANT & STATE: -------------------- 1. THE SUB INSPECTOR OF POLICE, CHEEMENI POLICE STATION. 2. THE SUB DIVISIONAL MAGISTRATE, KASARGOD AT KANHANGAD. 3. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRRP3861/2008 OR DER ON CRL.M.A. 11840 OF 2008 IN CRRP 3861 OF 2008 DISMISSED 5.12.2008 SD/- M. SASIDHARAN NAMBIAR, JUDGE. Okb/- /TRUE COPY/ P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3861 OF 2008 ------------------------------------------ Dated this the 5th day of December, 2008 O R D E R Revision is filed challenging the preliminary order passed by Sub Divisional Magistrate, Kasaragod in M.C.57 of 2008 under section 107 of Code of Criminal Procedure. The preliminary order was passed based on the report submitted by the Sub Inspector of Police to the effect that revision petitioner is likely to cause breach of peace and disturb the tranquility of the locality. The Sub Divisional Magistrate directed him to show cause why he should not be ordered to execute a bond for Rs.10,000/- with two solvent sureties for the like sum to keep peace for a period of one year. The revision is filed contending that Sub Divisional Magistrate has not applied his mind and pendency of three criminal cases charged for political reasons is not a valid ground to take proceedings under section 107 of Code of Criminal Procedure and the action was taken due to the influence of local leaders of the ruling front. 2. Learned counsel appearing for revision petitioner and Public Prosecutor were heard, 3. Section 107 of Code of Criminal Procedure provides CRRP3861/08 2 that when an Executive Magistrate receives information that any person is likely to commit a breach of peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and the Magistrate is of opinion that there is sufficient ground for proceeding, he may require such person to show cause why he should not be ordered to execute a bond with or without sureties for keeping the peace for such period not exceeding one year. Section 111 provides that when a Magistrate acting under sections 107, 108, 109 or 110 deems it necessary to require any person to show cause, he shall make an order in writing setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number and class of sureties if any, required. Section 112 provides that if the person in respect of whom such order is made is present in Court, it shall be read over to him, and if he so desires the substance thereof shall be explained to him. Section 113 provides for where such person is not present in Court. In that case the Magistrate shall issue summons requiring him to appear before the Court. Under section 114 every summons under section 113 shall be accompanied by a copy of the order made under section 111. Section 116 provides CRRP3861/08 3 for the enquiry as to the truth of information. Under sub section 1, when an order under section 111 has been read or explained under section 112 or when any person appears or is brought before the Magistrate in compliance with or in execution of summons or warrant issued under section 113, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken and to take such further evidence as may appear necessary. Under sub section 2 of section 116, such inquiry shall be made by recording the evidence as in a summons case. Under sub section 3, after commencement and before the completion of the inquiry if the Magistrate considers that immediate measures are necessary for prevention of breach of peace or disturbance after recording the reasons in writing, he may direct the person in respect of whom the order under section 111 has been made to execute a bond for keeping the peace. Under sub section 6, the inquiry under this section shall be completed within a period of six months from the date of its commencement and if it is not so completed, the proceedings stand terminated unless for special reasons to be recorded in writing the Magistrate otherwise directs. Under section 117 if upon such inquiry it is proved that it is necessary for keeping peace or maintaining good behaviour that person, in respect of CRRP3861/08 4 whom the inquiry is made, should execute a bond with or without surety the Magistrate shall make an order accordingly. Under section 118 if on inquiry it is not proved that it is necessary for keeping the peace or maintaining good behaviour the person in respect of whom the inquiry is made should execute a bond, the Magistrate shall make an entry to that effect and shall discharge him. 4. The impugned order shows that the Sub Divisional Magistrate has passed the order as provided under section 107 complying with the procedure provided under section 111. Petitioner is to appear before Sub Divisional Magistrate and participate in the inquiry. He is entitled to raise all his contentions before the Sub Divisional Magistrate including the truth of the information. The Sub Divisional Magistrate shall complete the inquiry as provided under section 116 of Code of Criminal Procedure and has to pass appropriate order either as provided under section 117 of under section 118 of Code of Criminal Procedure. I find no reason to interfere with the order. Revision is dismissed. M. SASIDHARAN NAMBIAR, JUDGE Okb/-