Rajasekar v. The State Rep By

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.94 of 2023 Rajasekar ...

Petitioner Vs

1. The State rep by First Class Executive Magistrate Cum Revenue Divisional Officer, Udayarpalayam, Ariyalur District.

2. The Inspector Police, Meensurutty Police Station, Jayamkondam, Ariyalur District.

...

Respondents PRAYER : Petition filed under Section 397 (1) of the Criminal Procedure Code, to suspend the sentence of period imposed on the petitioner herein by the learned first respondent / First class Executive Magistrate Cum Revenue Divisional Officer, Udayarpalayam, Ariyalur District made in M.C.No.54/2022 dated 20.05.2022 in Na.Ka.No.A3/3010/2022 dated Page No:1/4

19.09.2022 detaining the petitioner for the period from 20.05.2022 to 19-052023. For Petitioner ...

Mr.G.Nirmal Krishnan 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 First class Executive Magistrate Cum Revenue Divisional Officer, Udayarpalayam, Ariyalur District /first respondent, in M.C.No.54/2022 dated 20.05.2022.

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 Page No:2/4

pronouncement. Since a larger issue is involved in all these cases on the very power and jurisdiction of the Executive Magistrates to impose 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 Jail, Trichy.

(ii). The petitioner shall appear before the second respondent Police on every Friday, at 5.30 p.m., until further orders. (iii). The Superintendent of Central Jail, Trichy, 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/mvs.

To

1. The First Class Executive Magistrate Cum Revenue Divisional Officer, Udayarpalayam, Ariyalur District.

2. The Inspector Police, Meensurutty Police Station, Jayamkondam, Ariyalur District.

3. The Public Prosecutor High Court, Madras

4. The Superintendent of Central Jail, Trichy.

Crl.R.C.No.94 of 2023 30/1/2023 Page No:4/4