Devi v. The Executive Magistrate Cum

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.78 of 2020 Devi ...

Petitioner Vs

1. The Executive Magistrate-cum- Deputy Commissioner of Police St.Thomas Mount Chennai.

2. State The Inspector of Police (L &O )) S 11 Tambaram Police Station Chennai 600 045.

...

Respondents PRAYER : Petition filed under Section 397 (1) of the Criminal Procedure Code, to suspend the sentence and enlarge the petitioner on bail by order dated 3/1/2020 passed by the first respondent Na.Ka.No.564/Exe.Mag.DC.St.T.M/2019 S Tambaram P.S.C.No.82/2019 under Section 110 of Cr.P.C., pending disposal of the revision petition.

Page No:1/4

For Petitioner ...

Mr.K.S.Kaviarasu 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 Executive Magistrate-cum-Deputy Commissioner of Police, St.

Thomas Mount/first respondent, Na.Ka.No.564/Exe.Mag.DC.St.T.M/2019 S Tambaram P.S.C.No.82/2019, dated 3/1/2020.

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 she 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 Special Prison for Women, Central Prison, 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 Special Prison for Women, Central Prison, Puzhal, Chennai, is directed to set the petitioner at liberty, if her 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.

Page No:3/4

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

To

1. The Executive Magistrate-cum- Deputy Commissioner of Police St.Thomas Mount Chennai.

2. The Inspector of Police (L & )) S 11 Tambaram Police Station Chennai 600 045.

3. The Public Prosecutor High Court, Madras

4. The Superintendent of Special Prison For Women Central Prison Puzhal Chennai.

Crl.R.C.No.78 of 2020 30/1/2023 Page No:4/4