JOHN J. JACOB Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are employees of the Meera Flores Estate, Nelliyampathi. They, along with the Superintendent of the Estate, were arrested by the S.I. Nemmara on 14-5-71, under S.151 of the Code of Crl. Procedure saying that they threatened one section of the labourers with death. It is stated that those labourers joined the National Plantation Workers' Union and that enraged the Estate authorities and so they were refused work. It is also alleged that those workers were required to quit the labour lines. At this stage the police intervened and arrested the petitioners. I fail to see how they could be arrested under S.151 of the Code. S.151 can come in only in cases where the police gets information of a design to commit a cognizable offence. For the section to come into play three requirements have to p be satisfied and they are:-

(2.) In the present instance, none of these requirements is present. Refusing work to a section of the labourers is certainly no cognizable offence. Exaggerated statements by the complainants that the opposite party have held out threats to kill

(3.) It is also seen from the police report that now they are contemplating the initiation of proceedings under S.107 of the Code. That, of course, can be done if there are sufficient reasons for resorting to such a course. But in that case the Magistrate will have to proceed under S.112 to 118 and for that, their continued detention is not called for. I would therefore order the release of these petitioners. This order will not stand in the way of the Police or the Executive 1st Class Magistrate requiring their presence in connection with other cases or proceedings pending against