Kuppa @ Kuppusamy v. The Executive Magistrate Cum
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.R.C.No.421 of 2021 and Crl.M.P.No.6769 of 2021 Kuppa @ Kuppusamy
...Petitioner/Accused
-Vs1. The Executive Magistrate cum Deputy Commissioner of Police, Adyar, Chennai.
2. The State represented by The Inspector of Police, J-11, Kannagi Nagar Police Station, Chennai - 97
...Respondents/Complainants
Criminal Revision Case filed under Sections 397 read with Section 401 of Cr.P.C. to call for the records on the file of Executive Magistrate cum Deputy Commissioner of Police, Adyar District, in M.P.No.05 of in Na.Ka.En.109/Se.Ndu&Ka.Dhu.Aa/Adyar District/2020 in J-11 PS. S1. No.32/2020 U/s.110 of Cr.P.C. dated 30.04.2021 and set aside the order dated 30.04.2021.
For Petitioner : Mr.K.Shanmugam Respondents : Mr.S.Sugendran, Govt. Advocate (Crl.Side)
O R D E R
On 27.04.2020, when the second respondent police were in rounds, found the petitioner in a suspicious manner and took to the Police Station. On verification, it came to know that the petitioner has involved in various cases in Crime Nos.581/2014, 2250/2015, 1694/2016, 468/2017, 637/2018, 9/2019 and 112/2020 and hence on precautionary measures, initiated proceedings under Section 110 Cr.P.C. summoned him to appear before the first respondent. Accordingly, the petitioner appeared before the first respondent and executed a bond under Section 110 of Cr.P.C to keep good conduct. Subsequently, on 19.04.2021, violating the undertaking in the bond, involved in other offence
and hence another case was registered against him in Cr.No.194 of 2021. Hence the petitioner was arrested and remanded to judicial custody and subsequently the first respondent passed the order imposing sentence to undergo the remaining period of undertaking in the bond executed by him, which is impugned in the present revision case.
Heard the learned counsel appearing on either side and perused the materials available on record.
It is seen that the petitioner previously involved in Crime Nos.581/2014, 2250/2015, 1694/2016, 468/2017, 637/2018, 9/2019 and 112/2020 and hence bond was executed by the petitioner under Section 110 of Cr.P.C and since he violated the undertaken given in the bond, he was arrested and remanded to judicial custody. The first respondent has given sufficient opportunities to the petitioner and he also engaged a counsel and after hearing the counsel only, the first respondent has passed the order cancelling the bond and imposing sentence to undergo remaining period of undertaking given in the bond. This Court is of the view that after following all the procedures only the first respondent has passed the order, since during the period of undertaking, he involved in other case. Further, the petitioner also engaged a counsel and sufficient opportunities have been extended to the petitioner. Therefore this Court, does not find any reason to set aside the order of the first respondent.
Accordingly, the criminal revision petition stands dismissed. Consequently connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar cgi To
1. The Executive Magistrate cum Deputy Commissioner of Police, Adyar, Chennai.
2. The Inspector of Police, J-11, Kannagi Nagar Police Station, Chennai - 97.
3. The Public Prosecutor, High Court of Madras.
Crl.R.C.No.421 of 2021 and Crl.M.P.No.6769 of 2021 KV(CO) RGA(11/08/2021)