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Madras High Court · body

1955 DIGILAW 152 (MAD)

Untitled judgment

1955-04-29

SOMASUNDARAM

body1955
Order.-This is an application to revise the order passed by the Executive First Class Magistrate, Kumbakonam. The revision is restricted to that portion of the order relating to the conditions imposed on the petitioners while bail was granted. An order under section 144, Criminal Procedure Code, was passed against the petitioners, as the 1st petitioner and his troupe were about to stage at a particular theatre from a particular date an objectionable version of Ramayana styled as Lava Kusa which was deliberately intended to outrage the religious feelings of a class of the Hindu Public by insulting or blaspheming or profaning the religious beliefs of that class, and which was indecent and scurrillous and that as it was likely to lead to an imminent breach of the peace, the petitioner and his troupe were prohibited from staging the said drama at the particular theatre. On information that the 1st petitioner and his troupe were defying the prohibitory order, and that he had collected an unlawful assembly for the purpose of staging the drama at the particular theatre, the police officer proceeded to the particular theatre with a party and found the petitioner with troupe of about 20 persons on the stage enacting the prohibited drama. There was an audience numbering over 1000. As the police officer was of opinion that the petitioner and his troupe were members of the unlawful assembly in consequence of defying the prohibitory order under section 144, Criminal Procedure Code, he arrested the petitioners and produced them before the Executive First Class Magistrate, Kumbakonam, for remanding them. The Magistrate released them on bail on the execution by each of them of a bond for Rs.2,000 each with two sureties for like amount on the following conditions: That the petitioners shall not conduct any drama and shall not reside within the limits of Kumbakonam Town and Taluk for a period of 15 days from the date of the order, 9th March, 1955. It is in respect of these conditions that have been imposed on the petitioners by the Executive First Class Magistrate, Mr. Nambiar, the learned Counsel for the petitioners has taken exception and, contends that the Magistrate has no jurisdiction to impose such conditions on the petitioners. It is in respect of these conditions that have been imposed on the petitioners by the Executive First Class Magistrate, Mr. Nambiar, the learned Counsel for the petitioners has taken exception and, contends that the Magistrate has no jurisdiction to impose such conditions on the petitioners. That the police officer has power to arrest any person under section 151, Criminal Procedure Code, if he is satisfied that the person is likely to commit cognisable offence cannot be disputed. If a single individual has defied the order, the offence will fall under section 188, Indian Penal Code, and will not amount to a cognisable offence and he cannot be arrested without warrant. In the case of five persons and more defying a prohibitory order, they may be taken as having a common object of defying the order and they being members of an unlawful assembly, which is a cognisable offence, a police officer has power to arrest them without warrant and bring them before a Magistrate for remand. In this case, the offence will fall under section 143, Indian Penal Code, which is cognisable. But it is a bailable offence. Therefore; the Executive First Class Magistrate has to release the petitioners on the execution by each of them of a bond for a reasonable amount each with two sureties for like amount. Beyond that the Magistrate has no jurisdiction to impose any other conditions. The farther conditions imposed on them by the Magistrate, namely, that they should not reside within the limits of Kumbakonam Town and Taluk for a period of 15 days from the date of the order and that they should not enact any drama, are beyond the jurisdiction of the Magistrate when granting bail in a bailable offence. The conditions imposed on the petitioners by the Magistrate are illegal and they are set aside. K.S. ----- Conditions imposed set aside.