Appu Hennadige Don Stephen de Silva et al. vs. The Officer In Charge Police Station, Rambukkana et al. – CA PHC APN 17/2012-2012

In the case between Appu Hennadige Don Stephen de Silva, Gamaralalage Jayasinghe, Iriyagoda Manage Gnanathilaka Padmala (Petitioner-Appellants) and The Officer In Charge, Police Station, Rambukkana & Others (Respondent-Respondents), the court addressed the issue of the legality of a Magistrate’s order under section 81 of the Criminal Procedure Code (CPC), specifically regarding the requirement for appellants to execute a bond for keeping the peace and an associated order linked to disturbance of possession during parallel civil proceedings. It was determined that, given the appellants’ admission of a breach of peace and consent to the bond, procedural objections could not be sustained except on grounds of illegality. The lapse of the bond’s time period rendered further orders on the peace