Samuthiram and others vs State

Singaravela, J.—This is an application u/s 482 of the Code of Criminal Procedure by the counter Petitioners against the order in M.C. No. 16 of 1982, on the file of the Sub Collector, Cheranmahadevi u/s 111 of the Crl. P.C., directing them to execute interim bonds. The Sub Collector passed a preliminary order u/s 111 of the Code of Criminal Procedure directing the Petitioners to execute interim bonds for Rs. 1,000 pending enquiry of the instances. Admittedly, no preliminary enquiry was conducted by the Sub Collector and he has not examined witnesses. This procedure is contrary to the law laid down by the Supreme court in Madhu Limaye v. Ved Muni(sic) 1971 M.L.J. (Crl.) 651 (S.C.) : 1972 L. W. (Crl.) (S.C.) 1 (S.N.) wherein it was held that the proceeding asking for an interim bond without any enquiry is illegal. This view has been ratified in the decision of our High Court reported in Thenmalayandi v. State through the Inspector of Police, Perayur 1983 L.W. (Crl.) 313. That apart, the instances cited do not connect all the Petitioners. Therefore, the petition is allowed and the preliminary order is liable to be and is hereby set aside and quashed. However, if the breach of peace continues in the opinion of the Sub Collector, Cheranmahadevi, it is open to him to initiate proceedings afresh.