Mahakumar v. The State Rep By Its,

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.104 of 2023 Mahakumar ...

Petitioner Vs

1. State by:

Sub Divisional Magistrate cum Assistant Collector, Nagapattinam.

2. Inspector of Police.

Veilankanni Police Station, Nagapattinam District.

(Crime No.383/2022) ...

Respondents PRAYER : Petition filed under Section 397 (1) of the Criminal Procedure Code, to suspend the sentence and enlarge the petitioner on bail passed by Sub-Divisional Magistrate cum Assistant Collector, Nagapattinam in M.C.No.138/2021/A3 dated 29.11.2022.

For Petitioner ...

Mr.K.Subramanian Page No:1/4

For respondents ...

Mr.Mohammed Ali 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 cum Assistant Collector, Nagapattinam /first respondent, in M.C.No.138/2021/A3 dated 29.11.2022.

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 the very power and jurisdiction of the Executive Magistrates to impose punishment of imprisonment and fine, we are inclined to suspend the order Page No:2/4

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, Trichy.

(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, Trichy 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.

N.SATHISH KUMAR,J Page No:3/4

A N D N.ANAND VENKATESH,J rap/mvs To

1. The Sub Divisional Magistrate cum Assistant Collector, Nagapattinam.

2. Inspector of Police.

Veilankanni Police Station, Nagapattinam District.

3. The Public Prosecutor High Court, Madras

4. The Superintendent of Central Prison, Trichy.

Crl.R.C.No.104 of 2023 30/1/2023 Page No:4/4