Pinna @ Asarudeen v. The Executive Magistrate And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 23.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.M.P.No.19794 of 2022 in Crl.R.C.No.1672 of 2022 Pinna @ Asarudeen ... Petitioner Vs.
1.The Executive Magistrate and Assistant Commissioner of Police, Office of the Assistant Commissioner, Washermanpet, Chennai - 600 081.
2.The Inspector of Police, Law & Order, H-8, Thiruvotriyur Police Station, Chennai - 600 021.
... Respondents Prayer: Criminal Miscellaneous Petition filed under Section 397(1) Read With Section 439 of Criminal Procedure Code to suspend the sentence imposed on the petitioner herein by the first respondent in M.P.No.99 of 2022 in M.C.No.371/Sec.Pro/DCPWPT/2022 dated 05.12.2022 and enlarge the petitioner on bail, pending disposal of the Criminal Revision Petition.
For Petitioner : Mr.W.Camyles Gandhi 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 05.12.2022, 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 30.05.2022, however, subsequently, the petitioner involved in another offence . The learned counsel also submitted that, without appreciating the law and facts, the first respondent has passed the impugned order, only on the request made by the second respondent police and sentenced the petitioner 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 Executive Magistrate and Assistant Commissioner of Police, Washermenpet, after examining the witnesses and perusing the documents, has 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, Puzhal, Chennai.
(ii)The petitioner shall appear before the second respondent Police everyday at 5.30 p.m., until further orders.
10. The Superintendent, Central Prison, Puzhal, Chennai 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 Executive Magistrate and Assistant Commissioner of Police, Office of the Assistant Commissioner, Washermanpet, Chennai - 600 081.
2. The Superintendent, Central Prison, Puzhal, Chennai. 3.The Inspector of Police, Law & Order, H-8, Thiruvotriyur Police Station, Chennai - 600 021.
4. The Public Prosecutor, High Court, Madras.
V.SIVAGNANAM, J.
mst Crl.M.P.No.19794 of 2022 in Crl.R.C.No.1672 of 2022 23.12.2022