LAWS(MAD)-1992-12-16

PATTAMUTHU NADAR Vs. STATE

Decided On December 01, 1992
PATTAMUTHU NADAR Appellant
V/S
STATE BY THE INSPECTOR OF POLICE, LAW AND ORDER, PULIYANGUDI Respondents

JUDGEMENT

(1.) THE Inspector of Police (Law and Order), Pulnangudi, the respondent herein laid an information in Crime No. 1307 of 1989 of Sivagiri police station before the Sub Divisional Magistrate and Revenue Divisional Olficcr, Tenkasi that feelings betwecnthe pa ttadars of Rasinga peri tank and the patladars of Kulasekaraperi tank continued to be strained, involving likelihood of breach of peace at any moment, endangering the public tranquillity, which was taken on file as M.C.No.2 of 1990.

(2.) LEARNED Executive Magistrate, on perusal of the information so laid and after deriving subjective satisfaction, passed a preliminary order under Sec.l 11 of the Code of Criminal Procedure, 1973 (forshort "the Code"), requiring the counter-petitioners, 65 in number, who are the petitioners herein, to show cause as to win they should not be oidered to execute a bond for Rv 1,000 each with two sureties for a like sum and to keep peace and good behaviour for a period of one year and also whv they should not be ordered to execute an interim bond till the disposal of the security proceedings initiated under See. 107 thereof.

(3.) LEARNED counsel appearing for the petitioners, in a bid to quash the proceedings, pressed the following two points for consideration: