PEETHAMBARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners in this criminal miscellaneous petition are counter-petitioners f and 4 in M. C. No. 7 of 1980 pending before the Sub divisional Magistrate, Moovattupuzha. THE learned Magistrate had initiated proceedings is M. C. No. 7 of 1980 under S. 107 of the Code of Criminal procedure, 1973, on a report submitted to him by the Sub Inspector of Police, kunnathunad duly countersigned by the Deputy Superintendent of Police, Alwaye, against these petitioners and 25 others. THE police report alleges that there is a likelihood of breach of peace at the instance of these petitioners and other counter-petitioners in M. C. No. 7 of 1980. In the impugned order the grounds stated are: "the counter-petitioners are residing in North mazhuvannoore Kara, Mazhuvannoore Village and Kunnathunad Taluk within the local limits of the jurisdiction of this Court and they are the R. S. S. Workers and followers. A case is pending against them in Crime No. 60/80 of Kunnathunad Police Station. THE counter-petitioners, are on enemical terms with Sri Narayana Kaimal, the former legal heir of the Blanthevar Temple and his relatives and friends and they are threatening them. THE witness No. 4 Sri Narayana Kaimal has given land for construction of a building to Khadi Board near to the temple and the Khadi Board has started construction of the building. On 10th May -1980, the counter-petitioners 1 to 12 trespassed over the property of the Khadi board, and assaulted the construction workers and 'threatened them with deadly weapons and also demolished a portion of the building. In this connection, a case has been registered against the counter-petitioners as Crime No. 60/80 and it is under investigation. On 17th May 1980 at about 5a. m. the counter-petitioners gathered together in the premises of the Blanthevar Temple and assaulted Sri narayana Kaimal, witness No. 4 Kunju Nair, witness No. 5 and Govidan, witness no. 6 with a stick when they go to worship in the temple and thereby caused head injury to the witnesses and they were admitted in the Government Hospital, perumbavoor. A case has been registered against them in Crime No. 146/80 of the kunnathunad Station and it is under investigation. If the counter-petitioners are allowed to be at large, it will lead to a serious breach of peace and public tranquillity. In the above circumstances, the counter-petitioners found to be a nuisance in the locality and they are creating troubles and thereby causing danger to human life and public tranquillity. Hence this order. "

(2.) THE learned Magistrate has said that he is directing and requiring the counter-petitioners is the proceedings before him to attend the court and show cause why they should not be ordered to execute a bond for rs. 2,000 with two solvent sureties for like amount for keeping the peace for a period of one year under S. 107 of the Code of Criminal Procedure. As "it has been made to appear before him by credible information laid before the court by the Sub Inspector of Police, Kunnathunad duly countersigned by the deputy Superintendent of Police, Alwaye, that the counter-petitioners referred to above are likely to commit breach of peace or do wrongful acts by which breach of peace may probably be occasioned in Mazhuvannoore Kara and Village, in Kunnathunad Taluk within the local limits of the jurisdiction" of that court.

(3.) WHAT is contended before me by Mr. Achutha Kurup, learned counsel for the petitioner is that the learned Magistrate is bound to consider the materials placed before him and to satisfy himself there are sufficient grounds for invoking S. 107 Criminal Procedure Code. The order apparently would indicate that the learned Magistrate has not applied his mind to the facts of the case and he was acting mechanically. It is argued that the civil court is seized of the matter and dispute if at all relates to the property pending adjudication before the competent Civil Court and this fact is deliberately kept concealed before the learned Magistrate. It is also stated that even assuming that the facts revealed in the preliminary order are true, no case really arises under S. 107, Criminal Procedure Code. It is pointed out by the learned counsel that the foundation for invoking the jurisdiction under s. 107, Criminal Procedure Code is imminent danger to the peace and tranquillity. The reasons stated in the impugned order will not justify such an inference. No materials had been placed before the learned Magistrate to get himself satisfied that it is necessary in the circumstances to invoke his jurisdiction under S. 107, Criminal Procedure Code.