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In Re: V. Desikachari and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1915Mad81; 25Ind.Cas.989
AppellantIn Re: V. Desikachari and ors.
Cases ReferredSee Feroze Ali Mullick v. Emperor
Excerpt:
criminal procedure code (act v of 1898), section 107 - security to keep the peace--breach apprehended from opposite party if one party exercises his right, whether ground for demanding security. - .....is pronounced by the officeholder) and i see nothing substantial on the records which negatives that right.2. there is also no evidence worth the name that the petitioners are likely to commit a breach of the peace. that the opposite party is likely to commit acts of rowdyism if the petitioners' party insists on their rights, is no sufficient ground to call upon the petitioners to execute bonds to keep the peace under section 107 see feroze ali mullick v. emperor 7 cri.l.j. 504 : 12 c.w.n. 703 .i set aside the order of the learned sub-divisional magistrate so far as the petitioners are concerned.
Judgment:
ORDER

Sadasiva Aiyar, J.

1. The members of the Vedaparayanam party, to which the petitioners belong, have a prima facie right as worshippers to join in the recital of the Prabandham (after the Thodakkam is pronounced by the officeholder) and I see nothing substantial on the records which negatives that right.

2. There is also no evidence worth the name that the petitioners are likely to commit a breach of the peace. That the opposite party is likely to commit acts of rowdyism if the petitioners' party insists on their rights, is no sufficient ground to call upon the petitioners to execute bonds to keep the peace under Section 107 See Feroze Ali Mullick v. Emperor 7 Cri.L.J. 504 : 12 C.W.N. 703 .I set aside the order of the learned Sub-Divisional Magistrate so far as the petitioners are concerned.


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