Gopi v. Sub Divisional Magistrate

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.443 of 2022 Gopi ...

Petitioner Vs

1. Sub Divisional Magistrate / Revenue Divisional Officer, Chengalpattu.

2. Assistant Superintendent of Police, Chengalpattu Sub Division, Chengalpattu District.

3. State Inspector of Police, Chengalpattu Town Police Station, Chennai.

...

Respondents PRAYER : Petition filed under Section 397 (1) of the Criminal Procedure Code, to suspend the sentence imposed by the passed by the Court of Sub Divisional Magistrate / Revenue Divisional Officer, Chengalpattu in M.C.No.113/2021 u/s.122(1)(b) r/w 110 of Cr.P.C. dated 04.03.2022. Page No:1/4

For Petitioner ...

Mr.S.Senthilvel 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 Sub Divisional Magistrate / Revenue Divisional Officer, Chengalpattu / first respondent, in M.C.No.113/2021 dated 04.03.2022.

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 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 Central Prison, Puzhal, Chennai.

(ii). The petitioner shall appear before the third respondent Police on every Friday, at 5.30 p.m., until further orders. (iii). The Superintendent of 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. (N.S.K.,J) (N.A.V.,J) 30th January 2023 rap/mvs.

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

To

1. Sub Divisional Magistrate / Revenue Divisional Officer, Chengalpattu.

2. Assistant Superintendent of Police, Chengalpattu Sub Division, Chengalpattu District.

3. State Inspector of Police, Chengalpattu Town Police Station, Chennai.

4. The Public Prosecutor High Court, Madras

5. Superintendent of Central Prison, Puzhal Chennai.

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