SUGUMAR Vs. STATE

JUDGEMENT

(1.) The petitioners face the proceedings under Section 111 Cr.P.C. before the Sub-Divisional Magistrate-cum-Sub-collector Cheranmahadevi. The Executive Magistrate passed a preliminary order under Section 111 of Cr.P.C. directing the petitioners to show-cause as to why they shall not be ordered to execute a bond for Rs. 2,500/-each for six months to keep peace.

(2.) The petitioners agitated against the order passed by the Executive Magistrate on the ground that there was no subjective satisfaction and that the instances do not cover all these accused.

(3.) In so far as the subjective satisfaction of the Sub-Divisional Magistrate is concerned, he has only categorised the instances and said that he enquired into these instances in the village. No details of his enquiry were placed in that order and the order appears to be a cyclostyled order wherein certain words were filled up. Therefore the order passed by the Sub-Divisional Magistrate does not reveal his subjective satisfaction that there was likelihood of breach of peace before issuing the order. Therefore, on that ground the order passed of the Executive Magistrate is liable to be quashed.