STANLEY Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is proceeded under Section 107 of the Code of Criminal Procedure (for short "the Code") by the Sub-Divisional Magistrate, Thiruvanan-thapuram, on a report filed by the Sub Inspector of Police, Vizhinjam. In response to the summons issued by the Magistrate petitioner appeared before him. He was directed to execute a bond with sureties for keeping the peace till conclusion of the enquiry. Petitioner complied with that order. Enquiry in the proceedings commenced by the Magistrate awaits completion. Pending enquiry, a report was filed by the Sub Inspector of Police. Vizhinjam Police Station before the Magistrate stating that the petitioner after commencement of the proceedings has involved in some criminal activities and against him three crimes have been registered for grave offences under the Indian Penai Code (for short "the IPC"). Learned Magistrate acting upon that report issued a warrant for the arrest of the petitioner cancelling the bond already executed by him. Annexure D is a copy of the warrant issued by the Magistrate. Annexure C is a photo copy of the endorsements made by the Magistrate whereunder he has cancelled the bond previously executed by the petitioner. Challenge in the petition is against the cancellation of the bond and also issue of warrant by the Magis-nvokingthe inherent powers of this court under Section 482 of the Code, to annul such

(2.) I heard learned counsel for the petitioner and also learned Public Prosecutor.

(3.) Going through the endorsements covered by Annexure C, it appears, the learned Magistrate has proceeded against the petitioner as if he is facing trial as an accused for penal offences. What is covered by the proceedings is only exercise of preventive jurisdiction to consider whether security is to be taken from a person from whom threat to peace or disturbance to public tranquillity is apprehended. In such a case, the person proceeded with cannot be treated as an accused tried for a penal offence. Leaving that question, it has to be pointed out that in a proceeding under Section 107 of the Code, on appearance of the party, whether it be in response to a summons or warrant issued, question of his furnishing any security depends upon the nature of the materials tendered in such proceedings and the satisfaction arrived thereof by the Magistrate. Pending enquiry, after its commencement, if the Magistrate considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance to public tranquillity or commission of any offence or for the public safety7, after recording the reasons in writing, he may insist from the person proceeded, to execute a bond with or without sureties for keeping the peace till the completion of the enquiry. Till such bond is executed or in default of its execution, until the enquiry is concluded; the person proceeded may be detained.