Rajesh @ Mangatha v. State Inspector Of Police

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.473 of 2020 Rajedsh @ Mangatha ...

Petitioner Vs State The Inspector of Police T 6 Avadi Police Station Chennai 600 054.

...

Respondent PRAYER : Petition filed under Section 397 (1) of the Criminal Procedure Code, to suspend the sentence imposed by the Executive Magistrate-cumDeputy Commissioner of Police, Ambattur, Chennai in M.P.No.4 of 2020 in C.No.394/Sec.Pro/DC.Amb/2019 T Avadi P.S.

C.No.30/Inspr.T6PS/Sec.Pro/2019 under Section 107 of Cr.P.C., dated 8/2/2020 pending disposal of the Criminal Revision. For Petitioner ...

Mr.S.Senthilvel For respondent ...

Mr.Hasan Mohammed Jinnah State Public Prosecutor Page No:1/4

O R D E R

This petition has been filed by the petitioner, to suspend the sentence to be imposed by the Executive Magistrate-cum-Deputy Commissioner of Police, Ambattur, in M.P.No.4 of 2020 in C.No.394/Sec.Pro/DC.Amb/2019 in T 6 Avadi PS in C.No.30/Inspr.T6PS/Sec.Pro/2019, dated 8/2/2020.

2. Heard the learned counsel appearing on either side.

3. The Executive Magistrate-cum-Deputy Commissioner of Police, Ambattur 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 passed by the he Executive Magistrate-cum-Deputy Commissioner of Police, Page No:2/4

Ambattur 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 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 her 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 mvs.

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

N.ANAND VENKATESH,J mvs.

To

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

2. The Inspector of Police T 6 Avadi Police Station Chennai 600 054.

3. The Public Prosecutor High Court, Madras

4. The Superintendent of Central Prison Central Prison Puzhal Chennai.

Crl.R.C.No.473 of 2020 30/1/2023 Page No:4/4