Vijay v. The Taluk Administrative Magistrate Cum Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.12.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.M.P.No.19760 of 2022 in Crl.RC No.1664 of 2022 Vijay ... Petitioner Vs.

1.The Taluk Administrative Magistrate cum Tahsildar, Perur Taluk, Coimbatore District.

2.State rep by The Inspector of Police, Thondamuthur Police Station, Perur Taluk, Coimbatore District.

... Respondents Prayer: Criminal Miscellaneous Petition filed under Section 397(1) of Criminal Procedure Code, to suspend the sentence imposed in Na.Ka.No.288/2022/A2 vide an order dated 22.11.2022 on the file of the first respondent and enlarge the petitioner on bail pending disposal of the Criminal Revision.

For Petitioner : Mr.S.N.Arun Kumar For Respondents : Mr.V.Meganathan, Government Advocate (Crl. Side)

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by the first respondent, vide order dated 22.11.2022, pending disposal of the Criminal Revision Petition.

2. The learned counsel for the petitioner submitted that the petitioner was made to execute a bond under Section 110 of Cr.P.C. for maintaining good behaviour on 15.09.2022. He further submitted that, on 08.10.2022, a case in Crime No.494 of 2022 was registered against the petitioner for the offences punishable under Sections 8(c) r/w 20(b)(ii)(A) of NDPS Act on 08.10.2022 and he was granted station bail by the second respondent police. The learned counsel also submitted that, without giving any opportunity to the petitioner, the first respondent has passed the impugned order against principle of Natural justice and sentenced him to undergo imprisonment for

the remaining period of bond and the above order is under challenge.

3. The learned counsel for the petitioner further submitted that, now, the petitioner is in prison for violating the bond executed under Section 110 Cr.P.C., as directed by the first respondent and hence, the petitioner may be enlarged on bail till the disposal of this revision.

4. When the matter was taken up, the learned Govt. Advocate (crl.side) appearing for the respondents objected to release the petitioner on bail.

5. I have considered the submissions made on both side and perused the materials available on record.

6. The Taluk Administrative Magistrate cum Tahsildar, Perur Taluk, on the request made by the 2nd respondent police, passed the impugned order and sentenced the petitioner to undergo imprisonment for the remaining period of bond and the same is under challenge.

7. At this juncture, it is relevant to note that the cases involving the similar issue of this case, is pending before the Honourable Chief Justice of this Court for constituting a larger Bench with regard to applicability of section 122(1)(b) Cr.P.C.

8. In such circumstances, since the issues to be decided would take some time, this Court is inclined to grant bail to the petitioner till the disposal of the criminal revision on the following conditions.

9. Accordingly, the petitioner is ordered to be released on bail on the following conditions:- (i) The petitioner shall execute a own bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) before the Superintendent, Central Prison, Coimbatore.

(ii)The petitioner shall appear before the second

respondent Police everyday at 5.30 p.m., until further orders.

10. The Superintendent, Central Prison, Coimbatore is directed to set the petitioner at liberty, if his further detention is no longer required in connection with any other case or proceedings.

11. The Criminal Miscellaneous Petition is ordered accordingly. 23.12.2022 mst To 1.The Taluk Administrative Magistrate cum Tahsildar, Perur Taluk, Coimbatore District.

2. The Superintendent, Central Prison, Coimbatore. 3.The Inspector of Police, Thondamuthur Police Station, Perur Taluk, Coimbatore District.

4. The Public Prosecutor, High Court, Madras. V.SIVAGNANAM, J.

mst

Crl.M.P.No.19760 of 2022 in Crl.R.C.No.1664 of 2022 23.12.2022