SUNIL KUMAR SAHA Vs. STATE

JUDGEMENT

(1.) This is a petition for revision of an order under Section 109 (a) of the Code of Criminal procedure requiring the petitioner to execute a bond in the sum of Rs. 250/- with one surety to be of good behaviour for a period of eight months.

(2.) The allegations on which the present proceedings were initiated were briefly that on the 19th January, 1950, the petitioner was seen by some plain-clothed policemen at about 6-15 p.m. moving from place to place on the Howrah Railway Station platform. It was said that he was found going about with passengers of the platform and feeling their pockets. He moved from one third class compartment to another, and this he did on two platforms where the Bombay and the Punjab Mails were on the lines getting ready to start. One of the witnesses for the prosecution kept a watch on him and noticed his suspicious movements which included the covering up of his head with a piece of chaddar. When he thus came to be suspected he was searched, and no Railway ticket was found on his person.

(3.) On these allegations a report was submitted against the petitioner, and eventually proceedings under Section 109 of the Code of Criminal Procedure were started. The petitioner's case seems to be that he was falsely charged, and that he lived at No. 11, Mahindra Roy Lane, Howrah, with wife and children and had means of livelihood. The learned Magistrate, however, believed the allegations against the petitioner and held that the circumstances made out a case for preventive action against the petitioner, and in that view, an order under Section 109 of the Code of Criminal Procedure was made against him binding him over to be of good behaviour.