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Madras High CourtCRL RC/1898/2024allowed

Srinivasan v. The Sub Divisional Magistrate Cum

2024-11-08Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2024

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Srinivasan ... Petitioner in Crl.R.C.No.1898 of 2024 Prakash ... Petitioner in Crl.R.C.No.1906 of 2024 Vs.

1.Sub Divisional Magistrate Cum Sub Collector, Mettur, Salem District.

2.State rep by, Inspector of Police, Tharamangalam Police Station, Salem District.

... Respondents in both Crl.R.Cs.

COMMON PRAYER: Criminal Revision Petitions filed under Sections 438 r/w 442 of BNSS to set aside the order in B.N.S.S. Nos.166 & 150 of 2024, respectively, by the 1st respondent/Sub Divisional Magistrate cum Sub Collector, Mettur, Salem District by its order dated 05.09.2024. In both Crl.R.Cs.

For Petitioners : Mr.V.Thillai Kumar For Respondents : Mr.S.Balaji Government Advocate (Crl.Side) Page No.1 of 4

COMMON ORDER The present revision challenges the order passed by the first respondent under Section 136 BNSS directing the petitioners to execute a bond for good behaviour.

2.The learned counsel for the petitioners would submit that the order impugned was passed even without serving notice to the petitioners, violating the provisions of Sections 129 to 136 of BNSS. 3.The learned Government Advocate (Crl.Side) per contra submitted that notice was issued on 05.09.2024, directing the petitioners to appear on 06.09.2024.

4.On perusal of the impugned order, this Court finds that in the impugned order dated 05.09.2024, calling upon the petitioners to appear on 06.09.2024, the petitioners were asked to execute a bond for good behaviour. The order directing the petitioners to execute the bond without hearing them is illegal and hence, it is liable to be set aside and accordingly set aside.

Page No.2 of 4

5.In the result, these criminal revision cases stand allowed setting aside the impugned order passed by the 1st respondent in B.N.S.S. Nos.166 & 150 of 2024, dated 05.09.2024.

08.11.2024 Index : Yes/No Speaking Order/Non Speaking Order sli To 1.The Inspector of Police, Tharamangalam Police Station, Salem District.

2.The Sub Divisional Magistrate Cum Sub Collector, Mettur, Salem District.

3.The Public Prosecutor, High Court, Madras.

Page No.3 of 4

SUNDER MOHAN, J.

sli 08.11.2024 Page No.4 of 4