Kasilingam @ Raja v. Sub Divisional Magistrate Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.M.P.No.6911 of 2022 in Crl.R.C.No.656 of 2022 Kasilingam @ Raja .. Petitioner Vs 1.The Sub Divisional Magistrate cum Revenue Divisional Officer, Tiruvarur District, Tiruvarur.

2.The Inspector of Police, Tiruvarur Town Police Station, Tiruvarur District.

3.The Superintendent, Central Prison, Tiruchirappalli. .. Respondents Criminal Miscellaneous Petition filed under Section 397(1) of Cr.P.C to suspend the conviction and sentence imposed upon the petitioner in Ku.Va.No.186/2021/A5 dated 19.04.2022 by the first respondent and enlarge the petitioner on bail pending disposal of the main criminal revision petition.

For Petitioner :

Mr.K.A.S.Prabhu For Respondents :

Mr.S.Vinoth Kumar Government Advocate (Criminal Side)

ORDER

1.

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence of imprisonment, imposed by the Sub Divisional Magistrate cum Revenue Divisional Officer, Tiruvarur District, Tiruvarur. in Ku.Va.No.186/2021/A5 dated 19.04.2022 and enlarge the petitioner on bail pending disposal of the criminal revision petition.

2.

Learned Counsel appearing for the petitioner would submit that the petitioner was summoned by the first respondent on 19.04.2022 and without furnishing any material and without affording an opportunity to the petitioner, he was compelled to furnish secutity for keeping good behaviour and accordingly, he had executed a bond under Sections 111 and 117 Cr.P.C, whereas on 07.04.2022, he was falsely implicated by the second respondent in a case registered in Crime No.149 of 2022, for the offences under Sections 294(b), 324, 354(B) and 506(ii) IPC.

3.

He would further submit that this Court, earlier, in the case of P.Sathish Vs State and another, in Crl.R.C.(MD) No.302 of 2017 dated 09.08.2017 had issued certain directions to be followed by the Executive Magistrate before clamping detention orders. Further, in the judgment rendered in Devi Vs State, in Crl.R.C.No.78 of 2020, by order dated 25.09.2020, another Hon'ble Judge of this Court had doubted the power of the Deputy Commissioner of Police in passing detention order and while deferring with the view taken in P.Sathish Vs State and another, cited supra had referred the issues to the Hon'ble Chief Justice for constituting a larger bench and thereby, it would take some time to decide the issue. He would therefore, pray for suspension of sentence pending revision.

4.

Learned Government Advocate (Criminal Side) would submit that the petitioner had furnished a bond to be of good behaviour on 18.10.2021. The second respondent, after affording sufficient opportunity, finding violation of the bond, passed the order of detention.

5.

Heard the learned counsel for the petitioner and perused the materials on record.

6.

This Court in "Devi Versus The Executive Magistrate-cumDeputy Commissioner of Police, St.Thomas Mount District" in Crl.R.C.No.78 of 2020, by order dated 25.09.2020, had deferred with the findings given in Crl.R.C.No.982 of 2018, dated 24.11.2018 and held in paragraph No.20 as follows:- "42. Since this Court respectfully differs from V. Parthiban, J. on the issue of applicability of Section 122(1)(b) Cr.P.C. to a good behaviour bond under Section 110(e), the Registry is directed to place this matter before the Hon'ble Chief Justice for appropriate orders.

43. Further, as this Court is not in agreement with the view propounded by another learned single judge of this Court in Balamurugan (supra), the following question is framed with a direction to the Registry to place the same before the Hon'ble Chief Justice with a request to constitute a Bench of appropriate strength for an authoritative pronouncement:

Whether G.O.Ms.No.659, Home (Cts. VIA) Department dated 12.09.2013 and G.O. Ms.No.181, Home (Cts.VIA) Department dated 20.02.2014 violate the scheme of separation of powers and are ultra vires the proviso to Section 6 of the Tamil Nadu District Police Act, 1868 (Central Act XXIV of 1868)?"

7.

Now, both the learned Single Judges have referred the issues to be placed before the Hon'ble The Chief Justice for constituting a larger bench with regard to applicability of Section 122(1)(b) Cr.P.C., the power exercised by police officers can it be said to be power exercised as Executive Magistrate under the Code of Criminal Procedure and for other connected issues.

8.

In view of the above and it is learnt that it would take some time for the above issues to be decided, this Court is inclined to suspend the sentence imposed on the petitioner with the following conditions:- (i) The petitioner shall execute own bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) before the learned Judicial Magistrate No. I, Tiruvarur District.

(ii)The petitioner shall appear before the second respondent Police everyday at 5.30 p.m., until further orders. 9.

Hence, the Criminal Miscellaneous Petition is ordered to the extent of granting Suspension of Sentence. The Superintendent, Central Prison, Tiruchirappalli 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. -sd/- 14/06/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SUB DIVISIONAL MAGISTRATE CUM REVENUE DIVISIONAL OFFICER, TIRUVARUR DISTRICT.,TIRUVARUR.

2 THE JUDICIAL MAGISTRATE, NO.I, TIRUVARUR DISTRICT.

3 THE CHIEF JUDICIAL MAGISTRATE TIRUVARUR [FOR INFORMATION] 4 THE INSPECTOR OF POLICE TIRUVARUR TOWN POLICE STATION, TIRUVARUR DISTRICT.

5 THE SUPERINTENDENT CENTRAL PRISON, TIRUCHIRAPPALLI.

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

7 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.

+1C.C. to M/S.K.A.S.PRABHU Advocate on payment of necessary charges SR.No.9039 Order in CRL MP.6911/2022 in CRL.RC.656/2022 Date :14/06/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 17/06/2022