ABRAHAM ALIAS ACHUTHEN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a reference made by the learned Sessions Judge of Ernakulam recommending that the order passed by the Executive First Class Magistrate of Moovattupuzha under S.117(3) Cr. P.C. be set aside.

(2.) On a report received from the Sub Inspector of Police, Perumbavoor that security proceedings be started against the counter petitioner the learned First Class Magistrate was satisfied that action should be taken under S.107 Cr. P.C. and he passed a preliminary order under S.112 Cr. P.C., 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 of sureties required. Summons was duly served on the counter petitioner and he appeared in court and his statement was recorded. Some time after this the Sub Inspector of Police presented a report to the Magistrate that immediate measures are necessary to prevent a breach of peace and prayed for action under S.117(3) by taking an interim bond from the counter petitioner pending the conclusion of the enquiry. The learned Magistrate did not take it as a routine matter, but recorded elaborate evidence with notice to the counter petitioner and finding that in view of the extremely unruly conduct and inclination to commit acts of violence immediate measures are necessary and ordered interim bond be taken from the counter petitioner.

(3.) Sub-s.(3) to S.117 has been introduced in the Code to empower the Magistrate to direct a person against whom an order under S.112 has been made to execute an interim bond till the completion of the inquiry for the prevention of a breach of the peace or a disturbance of the public tranquillity or for the public safety pending the completion of the enquiry under S.117(1). It is for the Magistrate to be satisfied on proper materials that immediate measures are necessary and that there is real urgency for ordering an interim bond to be taken.