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2008 Supreme(Online)(KER) 48145

HIGH COURT OF KERALA
M.SASIDHARAN NAMBIAR, J
N M SUNILKUMAR – Appellant
Versus
THE SUB DIVISIONAL MAGISTRATE – Respondent


O R D E R

Revision is filed challenging the preliminary order passed by Sub Divisional Magistrate, Kasaragod in M.C.57 of 2008 under section 107 of Code of Criminal Procedure. The preliminary order was passed based on the report submitted by the Sub Inspector of Police to the effect that revision petitioner is likely to cause breach of peace and disturb the tranquility of the locality. The Sub Divisional Magistrate directed him to show cause why he should not be ordered to execute a bond for Rs.10,000/- with two solvent sureties for the like sum to keep peace for a period of one year. The revision is filed contending that Sub Divisional Magistrate has not applied his mind and pendency of three criminal cases charged for political reasons is not a valid ground to take proceedings under section 107 of Code of Criminal Procedure and the action was taken due to the influence of local leaders of the ruling front.

2. Learned counsel appearing for revision petitioner and Public Prosecutor were heard, 3. Section 107 of Code of Criminal Procedure provides CRRP3861/08 2 that when an Executive Magistrate receives information that any person is likely to commit a breach of peace or disturb the p

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