Anwar @ Anwar Hussain v. The Sub Divisional Magistrate/Sub Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 30/1/2023 C O R A M THE Hon'ble Mr.Justice N. SATHISH KUMAR a n d THE HONBLE Mr.Justice N.ANAND VENKATESH Crl.R.C.No.8 of 2023 Anwar @ Anwar Hussain ...

Petitioner Vs

1. The Sub-Divisional Magistrate/ Sub-Collector Office of the Sub-Divisional Magistrate/ Sub-Collector Office Chengapattu Chengalpattu District.

2. The Deputy Superintendent of Police Chengalpattu Sub Division Chengalpattu.

3. The Inspector of Police D 1 Chengalpattu Town Police Station Chengalpattu.

...

Respondents PRAYER : Petition filed under Section 397 (1) of the Criminal Procedure Code, to suspend the sentence and grant bail to the petitioner in connection with the order made in M.C.No.121 of 2022 dated 9/12/2022. Page No:1/4

For Petitioner ...

Mr.Ilayaraja Kandasamy For respondents ...

Mr.Hasan Mohammed Jinnah State Public Prosecutor - - - - -

O R D E R

This petition has been filed by the petitioner, to suspend the sentence to be imposed by the Sub-Divisional Magistrate/Sub-Collector, Chengalpattu District/first respondent, in M.C.No.121 of 2022 dated 9/12/2022.

2. Heard the learned counsel appearing on either side.

3. First respondent has passed an order, cancelling the bond executed by the petitioner, on the ground that he has violated the terms of the bond and has directed the petitioner to be detained in the prison.

4. All the cases where such orders are passed to detain, on the ground of violation of the terms of bond has been referred to this Bench and this Bench has also formulated the questions which requires an authoritative pronouncement. Since a larger issue is involved in all these cases on Page No:2/4

the very power and jurisdiction of the Executive Magistrates to impose punishment of imprisonment and fine, we are inclined to suspend the order passed by the first respondent and release the petitioner on bail, by imposing the following conditions:- (i). The petitioner shall execute own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent of Central Prison, Puzhal, Chennai.

(ii). The petitioner shall appear before the third respondent Police on every Friday, at 5.30 p.m., until further orders. (iii). The Superintendent of Central Prison, Puzhal, Chennai, is directed to set the petitioner at liberty, if his further detention is no longer required in connection with any other case or proceedings. (N.S.K.,J) (N.A.V.,J) 30th January 2023 mvs.

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N.SATHISH KUMAR,J A N D N.ANAND VENKATESH,J mvs.

To

1. The Sub-Divisional Magistrate/ Sub-Collector Office of the Sub-Divisional Magistrate/ Sub-Collector Office Chengapattu Chengalpattu District.

2. The Deputy Superintendent of Police Chengalpattu Sub Division Chengalpattu.

3. The Inspector of Police D 1 Chengalpattu Town Police Station Chengalpattu.

4. The Public Prosecutor High Court, Madras

5. The Superintendent of Central Prison Puzhal Chennai.

Crl.R.C.No.8 of 2023 30/1/2023 Page No:4/4