1. The two petitioners herein were the accused in a petty case for offence under S.51 (A) of the Kerala Police Act (for short 'the Act'). When they pleaded guilty, they would never have realised that an important legal question would sprout from their case. Nor did the Magistrate who passed a flee-bite sentence on them (a fine of Rs. 50/ each) think that the initiative step taken by him in the case would ever be exposed to a criticism that the said step has no support of law. Sri K. A. Jaleel, counsel for the petitioners, confessed at the outset that the offence indicted does not possess that gravity which deserves the matter being brought to this Court, but what prompted him to bring it here is his firm opinion that the question involved is of some topical importance.

2. Facts are simple: On 19-3-1983 the petitioners were produced before the Additional Judicial Magistrate of the First Class (II), Ernakulam, by the Harbour Crime Branch Police together with a report of the Sub Inspector that the petitioners were found drunk and behaving in a disorderly manner in a public place on the previous day and hence they committed the offence under S.51 (A) of the Act. The learned