K N KUNHIRAMA NAMBIAR Vs. STATE OF KERALA

JUDGEMENT

(1.) 1. This revision petition arises from proceedings instituted by the Police against the present petitioners under S. 107 of the code of Criminal Procedure before the Executive First Class Magistrate, kasaragod.

(2.) THE Inspector of Police, Kasaragod, made the report on 27-12-1969. which was countersigned by the Deputy Superintendent of Police. On the basis of that report, the learned Magistrate passed the following order Whereas I am satisfied from the report No. 166/69 dated 27121969 of the Inspector of Police, Kasaragod duly countersigned by the Dy. Superintendent of Police Kasaragod, that the counter-petitioners Nos. 1 to 34 being members of the Marxist Communist Party Workers had planned to attack the adhur Police Station with a view to commit dacoity and murder and to wreak political vengeance and to create lawlessness and a feeling of insecurity and to continue such acts within the local limits of Adhur Police Station, within the jurisdiction of this court. AND WHEREAS it is reported that in prosecution of the common object to commit violence (i) On 23121969 C. Ps. Nos. 1 to 31 have formed themselves into an unlawful assembly at the residence of C. P. 1 at Talapallam in Bandadka village, with intent to give training to each member of the unlawful assembly, both to execute the planned scheme and for the purpose have collected arms, ammunitions and other lethal weapons, without licence to possess or retain such weapons. (ii) C. P. No. 1 to C. P. Nos. 34 have conspired to execute the planned attack and fixed the date for operation as 12 11970, as per the documents seized by the Police from two of the persons arrested on 23 121969 in Adhur Police Station Crime No. 94/69 under See. 143,120b I. P. C. and s. 3 read with R. 5 (i) a and S. 35 of the Indian Arms Act 1959. (iii) And whereas it is believed by the police that the counter-petitioners are likely to execute their plan on any date instead of 1211970 as planned earlier, in view of the fact that the police got knowledge about the date fixed by the counter petitioners and if the planned scheme is executed, there is possibility for imminent breach of the peace and tranquillity. AND WHEREAS T am satisfied that the counter petitioners are apt to commit acts of violence and the acts likely to cause to breach of the peace and are intent on continuing to commit such criminal acts. I hereby direct the counter-petitioners to appear before me on 811970 at 11 A. M. at the court and to show cause why they should not be called upon to execute personal bonds for Rs. 2,000/- each with the solvent sureties for a like amount that they will keep the peace for a period one year from this date. AND WHEREAS I am further satisfied that likelihood of the breach of the peace is imminent and cannot be prevented except by detaining the counter-petitioners in custody I hereby issue warrants for the arrest of the counter-petitioners. THE Sub Inspector of Police, Kasaragod hereby directed to execute the warrants and to produce the counter-petitioners before me forthwith. Given under my hand and seal of this Court this 27th day of December 1969".

(3.) THE question is whether a Magistrate can issue a warrant for arrest without issuing an order under S. 112 as contemplated by the code. S. 115 Crl. PC. readsc "every summons or warrant issued under S. 114 shall be accompanied by a copy of the order made under S. 112, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same. "