SHAMEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The short point for consideration is whether an inquiry commenced under S.107 of Code of Criminal Procedure in the absence of a special reason to be recorded by the Executive Magistrate could be continued beyond the period of six months as provided under sub-section 6 of S.116 of the Code of Criminal Procedure.

(2.) The records of Executive (Sub Divisional) Magistrate, Fort Kochi in MC 27 of 2006 show that based on the report submitted by the Sub Inspector of Police, North Parur Police Station dated 01/02/2006, Sub Divisional Magistrate passed an order on 03/04/2006 exercising the powers provided under S.107 and 111 of Code of Criminal Procedure, directing petitioners and others to appear before him Court on 23/05/2006, to show cause why they should not be required to enter into a bond for Rs.10,000/- each and also to furnish security by a bond with two sureties for the like sum to keep peace for a term of one year. Petitioners appeared before Sub Divisional Magistrate on 11/07/2006. As per order dated 28/02/2007, Sub Divisional Magistrate passed a final order as provided under S.116 directing petitioners to execute a bond with two sureties for a sum of Rs.10,000/- each for a term of one year, within two weeks from that day. This petition is filed under S.397 and 401 of Code of Criminal Procedure challenging the order.

(3.) Learned counsel appearing for petitioners and the learned public prosecutor were heard.