Madras High CourtCRL RC/278/2023dismissed as infructuous

Sakthivel v. The Executive Magistrate Cum

2025-03-19Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No.278 of 2023 Sakthivel ... Petitioner ..vs..

1. The Executive Magistrate-cum- Deputy Commissioner, North Coimbatore Town.

2. Ramesh Kannan The Inspector of Police, C.4 Rathinapuri (Law and order), Coimbatore Town, Coimbatore District.

... Respondent Criminal Revision Case filed under Sections 397 read with 401 Cr.P.C., to call for the connected records in Crl.M.P.No.8 of 2022 made in Na.Ka.No.51/Nir.Che.Nadu/Ka.Thu.A./(North)/Co.Ma/2022 dated 20.12.2022 passed by the Executive Magistrate-cum-Deputy Commissioner of Police, North Coimbatore Town, Coimbatore District and set aside the same.

For Petitioner :

Mr.R.Sankarasubbu Page No.1/5

For Respondent :

Mr.S.Sugendran Additional Public Prosecutor for R1

O R D E R

This revision petition has been filed to set aside the order in Crl.M.P.No.8 of 2022 made in Na.Ka.No.51/Nir.Che.Nadu/ Ka.Thu.A./ (North)/Co.Ma/2022 dated 20.12.2022 passed by the Executive Magistrate-cum-Deputy Commissioner of Police, North Coimbatore Town, Coimbatore District.

2. Learned Additional Public Prosecutor appearing for the respondent-Police, on instructions, submitted that, in order to keep good behaviour for a period of one year, the petitioner executed a bail bond under Section 110 Cr.P.C., on 22.08.2022. Subsequently, the petitioner was involved in another case in Crime No.509 of 2022 for the offence punishable under Section 379 IPC. After due enquiry, the first respondent, vide impugned order dated 20.12.2022, initiated proceedings under Section 122 (1) (b) of Cr.P.C and cancelled the bail bond executed under Section 110 Cr.P.C., and sentenced the petitioner to undergo Page No.2/5

imprisonment for the remaining period of bond. He further submitted that now the period of sentence is over and hence, nothing survives for adjudication in this revision petition.

3. On a perusal of the entire materials, it is seen that, at the time of enquiry before the first respondent, the petitioner has stated that he did not want to examine any witness or produce any documents regarding the allegations made against him, and that the first respondent-Executive Magistrate, after considering the entire materials produced by the prosecution, cancelled the bail bond executed under Section 110 Cr.P.C., and sentenced the petitioner to undergo imprisonment for the remaining period of bond. From the submissions of the learned Additional Public Prosecutor, it reveals that now the undergoing sentence by the petitioner is over and hence, nothing survives for adjudication in this revision petition.

4. In view of the above, this Criminal Revision Petition is dismissed as having become infructuous. However, it is open to the petitioner to work out his remedy in the manner known to law, if he has Page No.3/5

been retained in any other case.

19.03.2025 Index: Yes/No Speaking Order/Non Speaking Order Neutral Case Citation : Yes / No ms To

1. The Executive Magistrate-cum- Deputy Commissioner, North Coimbatore Town, Coimbatore District.

2. The Public Prosecutor, High Court, Madras.

Page No.4/5

P.VELMURUGAN, J.

ms 19.03.2025 Page No.5/5