Kannan v. The State Rep By Its,

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.1604 of 2022 Kannan ...

Petitioner Vs

1. The State rep by The Executive Magistrate and Deputy Commissioner of Police, St. Thomas Mount, Chennai - 600 016.

2. The Inspector of Police, S-7, Madipakkam Police Station, Keelkattalai, Chennai - 600 117.

...

Respondents PRAYER : Petition filed under Section 397 (1) of the Criminal Procedure Code, to suspend the sentence of imprisonment imposed by the first respondent by order dated 24.09.2022 in proceeding bearing Na.Ka.En.105/Neer.Se.Nadu.Kaa.Thu.Aa.Poo.Tho.MA/2022. Page No:1/4

For Petitioner ...

Mr.R.R.Thirumoorthy For respondents ...

Mr.Hasan Mohammed Jinnah State Public Prosecutor - - - - -

O R D E R

This petition has been filed by the petitioner, to suspend the sentence to be imposed by the Executive Magistrate and Deputy Commissioner of Police,/first respondent vide order dated 24.09.2022.

2. Heard the learned counsel appearing on either side.

3. First respondent 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 Page No:2/4

punishment of imprisonment and fine, we are inclined to suspend the order passed by the first respondent 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.

(ii). The petitioner shall appear before the second respondent Police on every Friday, at 5.30 p.m., until further orders. (iii). Superintendent of 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. (N.S.K.,J) (N.A.V.,J) 30th January 2023 rap/mvs.

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N.SATHISH KUMAR,J A N D N.ANAND VENKATESH,J rap To 1.The Executive Magistrate and Deputy Commissioner of Police, St. Thomas Mount, Chennai - 600 016.

2. The Inspector of Police, S-7, Madipakkam Police Station, Keelkattalai, Chennai - 600 117.

3. The Public Prosecutor High Court, Madras

4. The Superintendent of Central Prison, Puzhal.

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