Stephen Raj v. The Executive Magistrate Cum Deputy Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.05.2022
CORAM
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.M.P.No.6948 of 2022 in Crl.R.C.No.659 of 2022 Stephan Raj ... Petitioner Vs.
1.The Executive Magistrate cum Deputy Commissioner, Madhavaram District, Chennai 2.The State represented by The Inspector of Police (Law & Order), M3, Puzhal Police Station, Chennai 600 066 ... Respondents PRAYER: The Criminal Miscellaneous Petition is filed under Section 397(1) of Cr.P.C., to suspend the conviction and sentence order dated 04.05.2022 under Section 122(1)(b) of Cr.P.C. in MP.No.4 of 2022 in RC.No.20/Sec. Pro/DCP-MVM/2022 in M-3, Puzhal P.S., S.I.No.27/2022 under Section 110 of Cr.P.C. (on the file of the Executive Magistrate cum Deputy Commissioner, Washermenpet District) to undergo simple imprisonment of 330 days and to enlarge the petitioner on bail. For Petitioner : Mr.M.Illiyas For Respondents : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
This Criminal Miscellaneous Petition has been filed by the petitioner/Accused, seeking to suspend the conviction and sentence order dated 04.05.2022 under Section 122(1)(b) of Cr.P.C. in MP.No.4 of 2022 in RC.No.20/Sec. Pro/DCP-MVM/2022 in M-3, Puzhal P.S., S.I.No.27/2022 under Section 110 of Cr.P.C. (on the file of the Executive Magistrate cum Deputy Commissioner, Washermenpet District) to undergo simple imprisonment of 330 days and to enlarge the petitioner on bail.
2. Upon considering the order passed by the first respondent, whereby the petitioner is now required to undergo the remaining
period of sentence of 330 days as per Section 122(1) (b) of Cr.P.C., and the ground raised by the petitioner in the revision is that the first respondent did not even consider the fact as to whether the Sub Inspector of Police, Madhavaram had registered the First Information Report or not and the other grounds raised in the criminal revision, I am inclined to hold that prima facie case is made out to grant relief as prayed for by the petitioner.
3. Therefore, the sentence imposed by the order dated 04.05.2022 stands suspended until disposal of this Criminal Revision, with the following conditions:- (a) The petitioner is ordered to be released on bail, on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court, Madhavaram.
(b) The petitioner and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.
(c) The petitioner shall report before the second respondent Police daily at 5.00 p.m., until further orders.
4. Hence, the Criminal Miscellaneous Petition is ordered to the extent of granting Suspension of Sentence. The Superintendent, Central Prison, Puzhal is directed to set the petitioner at liberty, if his further detention is no longer required in connection with any other case or proceedings.
5. The Criminal Miscellaneous Petition is ordered accordingly. -sd/- 26/05/2022 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 JUDICIAL MAGISTRATE, MADHAVARAM 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 4 THE EXECUTIVE MAGISTRATE CUM DEPUTY COMMISSIONER, MADHAVARAM DISTRICT, CHENNAI 5 INSPECTOR OF POLICE (LAW AND ORDER), M-3 PUZHAL POLICE STATION, CHENNAI 600 066 6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
C.C. to M/S.M.ILLIYAS Advocate on payment of necessary charges Order in CRL MP.6948/2022 in CRL RC.659/2022 Date :26/05/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 27/05/2022