Ansar Sherif v. Sub Divisional Magistrate Gum 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.47 of 2023 Ansar Sherif ...

Petitioner Vs

1. The State Rep by The Sub-Divisional Magistrate cum Sub-Collector, Tiruvallur District, Tiruvallur.

2. Inspector of Police, B-1, Tiruvallur Town Police Station, Tiruvallur District.

...

Respondents PRAYER : Petition filed under Section 397 (1) of the Criminal Procedure Code, to suspend the sentence of period imposed till 15.02.2023 against the petitioner for offence 122(1)(a) Cr.P.C in M.C.No.24 of 2022 in Na.Ka.3046/2022/A7 in dated 03.10.2022 on the file of the first respondent. Page No:1/4

For Petitioner ...

Mr.P.Surendran 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 and the Sub-Collector, Tiruvallur/first respondent, in M.C.No.24 of 2022 dated 03/10/2022.

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 Page No:2/4

pronouncement. Since a larger issue is involved in all these cases on 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-I, Puzhal, Chennai.

(ii). The petitioner shall appear before the second respondent Police on every Friday, at 5.30 p.m., until further orders. (iii). The Superintendent of Central Prison-I, 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 rap/mvs.

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N.SATHISH KUMAR,J A N D N.ANAND VENKATESH,J rap To

1. The Sub-Divisional Magistrate cum Sub-Collector, Tiruvallur District, Tiruvallur.

2. Inspector of Police, B-1, Tiruvallur Town Police Station, Tiruvallur District.

3. The Public Prosecutor High Court, Madras

4. The Superintendent of Central Prison - I Puzhal Chennai.

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