E.K.MOIDU
K. N. Kunhiraman Nambiar – Appellant
Versus
State of Kerala – Respondent
This revision petition arises from proceedings instituted by the Police against the present petitioners under section 107 of the Code of Criminal Procedure afore the Executive First Class Magistrate, Kasaragod.
The Inspector of Police, Kasaragod, made the report on 27th December, 1969. which was countersigned by the Deputy Superintendent of Police. On the basis of that report, the learned Magistrate passed the following order:
"Whereas I am satisfied from the report No. 166/69 dated 27th December, 1969, of the Inspector of Police, Kasaragod duly countersigned by the Deputy Superintendent of Police, Kasaragod, that the counter-petitioners Nos. 1 to 34 being members of the Marxist Communist Party workers had planned to attack the Adhur Police Station with a view to commit dacoity and murder and to wreak political vengeance and to create lawlessness and a feeling of insecurity and to continue such acts within the local limits of Adhur Police Station, within the jurisdiction of this Court.
And whereas it is reported that in prosecution of the common object to commit violence —
(i) On 23rd December, 1969 C.Ps. Nos. 1 to 31 have formed themselves into an unlawful assembly at the res
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