Manikandan @ Tempo Mani v. Executive Magistrate Cum
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.03.2023
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.M.P.No.3109 of 2023 in Crl.R.C.No.407 of 2023 Manikandan @ Tempo Mani ... Petitioner Vs.
1.The Executive Magistrate cum Deputy Commissioner of Police, Anna Nagar District, 2.The Inspector of Police, Law & Order, T-4 Maduravoyal Police Station, ...
Respondents PRAYER: Criminal Miscellaneous Petition filed under Section 397(1) of Cr.P.C. to call for the records and suspend the sentence passed by the 1st respondent in M.P.No.31 of 2022 in LIR.No.468/Sec.Pro/DCP AN/2022 in T-4, Maduravoyal P.S., SI.No.106/2022 u/s.110 Cr.P.C dated 08.12.2022 and enlarge the petitioner on bail, pending disposal of the Criminal Revision Petition.
For Petitioner : Mr.R.Muthukumar For Respondent : Mr.V.Meganathan Government Advocate (Crl.Side)
ORDER
This Criminal Miscellaneous Petition has been preferred seeking to suspend the sentence imposed on the petitioner in M.P.No.31 of 2022 in LIR.No.468/Sec.Pro/DCP AN/2022 dated 08.12.2022 passed by the 1st respondent and release the petitioner on bail till the disposal of the above Criminal Revision Petition.
2. The learned counsel for the petitioner submitted that the allegation stated in the impugned proceedings is untrue and the petitioner is not involved in any crime. The impugned order has been passed for violation of bond under section 110 of Cr.P.C., which is unsustainable. Now it is under challenge.
3. The learned counsel for the petitioner further submitted that now the petitioner is detained in prison for violating the bond executed under
Section 110 Cr.P.C., as directed by the The Executive Magistrate cum Deputy Commissioner of Police, Anna Nagar District, Chennai. Hence he seeks to enlarge the petitioner on bail till the disposal of this revision.
4. When the matter was taken up, the learned Government Advocate (Crl.Side) appearing for the respondents objected to release the petitioner on bail.
5. I have considered the submissions made on both side and perused the materials available on record.
6. The Executive Magistrate cum Deputy Commissioner of Police, Anna Nagar District, Chennai, on the complaint by the 2nd respondent police conducted enquiry and thereafter passed the impugned order which is now under challenge.
7. At this juncture, it is relevant to note that a Division Bench was constituted by the Honourable Chief Justice of this Court to deal with the case regarding applicability of Section 122(1)(b) Cr.P.C.
8. In view of the above, since the issues to be decided by the Division Bench of this Court would take some time, this Court is inclined to grant bail to the petitioner till the disposal of the Criminal Revision on the following conditions.
9. Accordingly, the petitioner is ordered to be released on bail on the following conditions:- (i) The petitioner shall execute own bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) before the X Metropolitan Magistrate, Egmore, (ii) The petitioner shall affix his photograph and Left Thumb Impression in the bond and the learned Superintendent may obtain a copy of his Aadhar card or Bank pass Book to ensure his
identity.
(ii)The petitioner shall appear before the second respondent Police everyday at 5.30 p.m., until further orders.
10. The Superintendent, 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.
11. The Criminal Miscellaneous Petition is ordered accordingly. 02.03.2023 rpl To 1.The X Metropolitan Magistrate, Egmore, Chennai. 2.The Executive Magistrate cum Deputy Commissioner of Police, Anna Nagar District, 3.The Inspector of Police, Law & Order, T-4 Maduravoyal Police Station,
V.SIVAGNANAM, J., rpl 4.The Superintendent, Central Prison, Puzhal, Chennai.
5. The Public Prosecutor, High Court of Madras, Chennai. Crl.M.P.No.3109 of 2023 in Crl.R.C.No.407 of 2023 02.03.2023