Short Note : 1. The petitioners were arrested under section 151, Cr. P. C., for preserving peace and tranquility at the site of the proposed building of the High Court. The Magistrate ordered the accused to furnish bond, which they refused, and hence they were detained in Jail. The contention of the petitioners was that the detention was illegal. Held: Section 116 (3) of the Code of Criminal Procedure provides that after the commencement and before the completion of the inquiry under subsection (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace, he may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 111 has been made to execute a bond. It may be pointed out that the Magistrate in the present case, questioned the accused as to the truth of the information contained in the police report and on their having refused to sign the order, the Magistrate thought it fit to proceed with the case instead of dropping the proceedings. It cannot, therefore, be said that the Magistrate had not commenced the inquiry. In the opinion of this Court, it is not necessary for the Magistrate to actually record any evidence before passing an order under sub-section (3) of section 116. All that is necessary is that the Magistrate must come to the conclusion that the matter needed to be enquired into and he should take some steps in that direction In the present case, the Magistrate read out the order to the accused as to the allegations contained in the police report calling upon them to show cause why they should not be directed to execute the bonds during the pendency of the inquiry. This was sufficient compliance with the provisions of section 116 (3) of the Code and it cannot be said that the detention of the accused on account of their refusal to execute the bonds was illegal. Madhu Limaye and another v. Ved Murti and other, AIR 1971 SC 2481 , Madhu Limaye and another v. Sub-Divisional Magistrate Monghyr and others, AIR 1971 SC 2486 , referred to. Petition dismissed.