ORDER :

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to impugned bond signed by the petitioner before the 1st respondent herein in M.C.No.05(Cr.P.C.) 2022 (U/s.106 & 107 Cr.P.C) dated 10.09.2022 and quash the same.

These Criminal Original Petitions have been filed to call for the records pertaining to the impugned bonds signed by the petitioners, before the 1st respondent herein, in M.C.No.05(Cr.P.C.) 2022 (U/s.106 & 107 Cr.P.C), dated 10.09.2022, 19.09.2022 & 16.09.2022, respectively and quash the same.

2. It is submitted by the learned counsel for the petitioners that summons dated 16.08.2022 were issued by the 1st respondent in M.C.A3/14 (107 Cr.P.C.)/2021 with a direction to the petitioners to appear before the Sub- Divisional Magistrate-cum-Revenue Divisional Officer, Udayarpalayam on 24.08.2022 at 11.00 a.m. to answer the charges under Section 107 Cr.P.C. Challenging these summons, petitioners filed Crl.O.P.No.21816 of 2022 for quashing the summons. The abovesaid criminal original petition was listed for hearing on 12.09.2022. In view of the filing of Crl.O.P.No.21816 of 2022, petitioners did not appear before the Sub-Divisional Magistrate-cum-Revenue Divisional Officer on 24.08.2022. Thereafter, the learned Sub-Divisional Magistrate-cum-Revenue Divisional Officer directed the arrest of the petitioners and produce before him on 10.09.2022. Subsequently, petitioners were arrested and produced before the Sub-Divisional Magistrate-cum- Revenue Divisional Officer and made to execute a bond under Sections 106 & 107 Cr.P.C. Challenging the bonds secured from the petitioners, these petitions have been filed.

3. The learned counsel for the petitioners further submitted that the bond under Sections 106 & 107 Cr.P.C. can be secured only by a Court of Sessions or Court of Magistrate of the first class and not by an Executive Magistrate. Before requiring one to execute a bond under Sections 106 & 107 Cr.P.C., an order has to be made under Section 111 Cr.P.C. The Magistrate is required to conduct an inquiry to enquire into the truth of the information, upon which, action has been taken and to take further evidence as that appears necessary. Such inquiry shall have to be conducted in the manner prescribed for conducting trial and recording evidence in summons case. However, it is submitted by the learned counsel for the petitioners that no such inquiry as contemplated under Section 116 Cr.P.C. was conducted. Even if an order is passed demanding execution of bond, that is appealable under Section 373 Cr.P.C. No opportunity was given to the petitioners for preferring an appeal. Therefore this petition.

4. The learned Government Advocate (Crl.Side) submitted that it is not as though no enquiry was conducted. In the enquiry conducted, the petitioners accepted the charges against them and came forward to execute the bond. Therefore, an order was passed directing them to execute the bond. Only thereafter, they executed the bond.

5. Considered the rival submissions. It is seen from the warrant of arrest issued by the 1st respondent, dated 09.09.2022 that the 2nd respondent herein was directed to arrest and produce the petitioners before the 1st respondent on 10.09.2022. In the inquiry, they said to have admitted the charges and therefore, they were directed to execute the bond.

6. Sections 111 & 116 Cr.P.C.read as follows:

111. Order to be made.- When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the terms for which it is to be in force, and the number, character and class of sureties (if any) required.

116. Inquiry as to truth of information.- (1) When an order under section 111 has been read or explained under section 112 to a person in Court, or wh