THIRUNAVUKKARASU Vs. STATE

JUDGEMENT

(1.) THIS revision is sought to be filed against the order made by the Ex-offcio First class Magistrate, Chidambaram, in M. C. No. 2 of 1938, under Section 117 (3) of the Code of Criminal Procedure.

(2.) IN this case security proceedings under Section 107 of the Code of Criminal procedure have been taken against 22 persons on a report of the Circle Inspector of police, Kurinjipadi. The order in writing made under Section 112 sets out 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 sureties required. The learned Magistrate has then proceeded under Section 117 (3) and has taken interim bonds. The present revision is preferred against that order directing the execution of interim bonds. The grounds on which this revision is preferred are twofold viz. , that there was no necessity to take interim bonds; and secondly, part of the information itemised against the counter petitioners as constituting the basis for asking them to show cause consists of criminal cases in which they were acquitted.

(3.) CHAPTER VIII of the Code of Criminal Procedure dealing with prevention of offences and of security for keeping the peace and for good behaviour, is not intended to punish persons for every repetition but to guard society from them by placing them under such substantial but not excessive security as to prevent them from resorting to evil course. The Chapter is preventive and not punitive: Mahabir gope v. Samrathi Singh, A. I. R. 1940 Pat 252; Sukhlal Karnanj v. Emperor, A. I. R. 1938 Cal 583; Baburam v. Emperor, A. I. R. 1932 Lah 101; Shadilal v. Emperor, a. I. R. 1931 Lah. 191; In re Maruthapali Goundar, A. I. R. 1937 Mad. 356; daoballam Singh v. Gorakhnath Singh, AIR 1947 Pat. 235; Inder Singh v. Harban singh (S) A. I. R. 1935 Punj, 139.