KALIAPPA NADAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a petition under Section 482 of the Criminal Procedure Code praying this court to quash the proceeding in M.C. No. 65 of 1985 pending before the Sub Division Magistrate, Kovilpatti.

(2.) The Sub-Divisional Magistrate has passed an order under Section 111, Criminal Procedure Code calling upon the petitioners to show cause as to why they should not be ordered to execute a bond for Rs. 1,000 each with two sureties for the like sum and to keep peace and be of good behaviour for a period of one year and also why they should not be ordered to execute an interim bond till the disposal of the case.

(3.) Learned Counsel for the petitioners contended that the order was bad. Firstly, placing reliance on a decision of this Court in K.V. Shanmugham v. State, Insepector of Police, Palladam. He contended that before issuing a notice, the Magistrate should furnish all the informations received against the persons concerned and that he should satisfy himself that the situation called for the issuance of a show cause notice. In the instant case, the petitioners have been given sufficient information about the allegations made against them in the order and the Magistrate has considered them and he has expressed his satisfaction that there was sufficient ground for proceeding. Therefore, this contention fails.