Arjun v. The Executive Magistrate - Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.M.P.No.

in Crl.RC No.444 of 2023 Arjun ... Petitioner Vs.

1.The Executive Magistrate cum Deputy Commissioner of Police, Mylapore, Chennai.

2. The Inspector of Police, J-4, Kotturpuram Police Station, Chennai-85.

... Respondents Prayer: Criminal Miscellaneous Petition filed under Section 397(1) read with 401 of Criminal Procedure Code to suspend the execution of the order passed against the petitioner on 04.02.2023 in M.P.No.09 of 2023 in Na.Ka.No.505/2022/Nir.Che.Nadu/Ka.Thu/, Mylapore District 2022 passed by the first respondent and subsequently order to enlarge the petitioner on bail.

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For Petitioner : Mr.M.Prakash For Respondents : Mr.R.Vinothraja Government Advocate (Crl. Side)

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the execution of the order passed against the petitioner on 04.02.2023 in M.P.No.09 of 2023 in Na.Ka.No.505/2022/Nir.Che.Nadu/Ka.Thu/, Mylapore District 2022 passed by the first respondent and subsequently order to enlarge the petitioner on bail, pending disposal of the Criminal Revision Petition.

2. The learned counsel for the petitioner submitted that the petitioner was made to execute a bond under Section 110 of Cr.P.C. dated 19.09.2022. He further submitted that, now, the petitioner is in prison for violating the bond executed under Section 110 Cr.P.C., as directed by the first respondent and hence, the petitioner may be enlarged on bail till the disposal of this revision.

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3. When the matter was taken up, the learned Government Advocate (Crl.side) appearing for the respondents objected to release the petitioner on bail.

4. I have considered the submissions made on both side and perused the materials available on record.

5. The first respondent, after recording the statements made by the witnesses and perusing the documents, has passed the impugned order and sentenced the petitioner to undergo imprisonment for the remaining period of bond and the same is under challenge.

6. 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 cases with regard to applicability of section 122(1)(b) Cr.P.C. 3/6

7. In such circumstances, 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.

8. Accordingly, the petitioner is ordered to be released on bail on the following conditions:- (i) The petitioner shall execute a own bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) before the Superintendent, Central Prison, Puzhal (1), Chennai.

(ii) The petitioner shall affix his photographs and Left Thumb Impression in the surety bonds and the above said Court may obtain a copy of his Aadhaar card or Bank pass Book to ensure his identity (iii) The petitioner shall appear before the second respondent Police everyday at 5.30 p.m., until further orders.

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9. The Superintendent, Central Prison, Puzhal (1), 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.

10. The Criminal Miscellaneous Petition is ordered accordingly. 07.03.2023 (1/2) rna To 1.The Executive Magistrate cum Deputy Commissioner of Police, Mylapore, Chennai.

2. The Superintendent, Central Prison, Puzhal (1), Chennai.

3. The Inspector of Police, J-4, Kotturpuram Police Station, Chennai-85.

4. The Public Prosecutor, High Court, Madras. 5/6

V.SIVAGNANAM, J.

rna Crl.M.P.No.3350 of 2023 in Crl.RC No.444 of 2023 07.03.2023 6/6