ORDER

Counters petitioners in the proceedings initiated by Sub Divisional Magistrate, Thalassery under Section 107 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') namely M.C.Nos.157, 159, 158, 184, 183, 138, 202, 188, 203, 204, 189, 187, 141, 205, 206 and 240 of 2013, 18, 16, 15, 17, 14, 22, 23, 21, 2, 3, 35, 24 and 4 of 2014 respectively have filed these petitions to quash the proceedings under Section 482 of Code Criminal Procedure.

2. Since the set of facts in all these cases deal with a common question of law regarding the initiation of proceedings by the authorities under Section 107 to 111 of Code of Criminal Procedure and irregularities in the proceedings, all these cases have been taken together for consideration on a common 2 question of law raised in all these matters and disposed of by a common judgment.

3 In all these cases, the Sub Divisional Magistrate, Thalassery has initiated proceedings against the petitioners under Section 107 of Code of Criminal Procedure and passed an order under Section 111 of the Code requesting them to execute a bond under Section 109 of Code of Criminal Procedure which is being challenged by the petitioners. In all these cases, it was mentioned in the impugned preliminary order that the Sub Divisional Magistrate had received a report from the Station House Officer of the concerned Police Station apprehending involvement of these petitioners in certain criminal activities and causing public tranquility and disturbing peace and wanted the Sub Divisional Magistrate to initiate proceedings under Section 107 of Code of Criminal Procedure. In all these cases, except mentioning the case numbers and section of the offences, the Sub Divisional Magistrate, without mentioning the substance of information and the reason for satisfaction, had issued a stereo typed order requesting the petitioners to execute a bond to keep peace and order in the locality for a particular period or 3 to show cause as to why they should not be directed to execute bond as aforesaid which are being challenged by the petitioners by filing the above petitions.

4. Before going into the facts of the case, I may consider the relevant provisions of the Code regarding the procedure to be followed by the Sub Divisional Magistrate before initiating proceedings and issuing a preliminary order requesting the counter petitioners to execute the bond and also some precedents relevant on this aspect.

5. Chapter VIII of Code of Criminal Procedure deals with security for keeping the peace and for good behaviour. Section 106 to 120 deals with the procedure and the circumstances under which the proceedings will have to be initiated etc., which reads as follows:

“106. Security for keeping the peace on conviction:- (1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit.

(2) The offences referred to in sub-section (1) are-

(a) any offence punishable under Chapter VIII of the 4 Indian Penal Code (45 of 1860), other than an offence punishable under section 153A or section 153B or section 154 thereof;

(b) any offence which consists of, or includes, assault or using criminal force or committing mischief;

(c) any offence of criminal intimidation;

(d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.

(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

(4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.

107. Security for keeping the peace in other cases:- (1)