Subash v. The Executive Magistrate Cum
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.12.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.M.P.No.19815 of 2022 in Crl.RC No.1676 of 2022 Subash ... Petitioner Vs.
1. The Executive Magistrate cum Deputy Commissioner of Police, Washermenpet, Chennai.
2. State Inspector of Police ( L & O), N2, Kasimedu Police Station, Chennai-13.
...
Respondents PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) Cr.P.C., to suspend the sentence to be imposed by the Executive Magistrate cum Deputy Commissioner of Police, Washermenpet in M.P.No.105 of 2022 in MC No.1505/Sec.Pro/DCP WPT/2022 in N2 Kasimedu Crime P.S.LIR.No.12/2022 U/s.110 of Cr.P.C., dated 09.12.2022 enlarge him on bail and pending disposal of Criminal Revision Petition.
For Petitioner : Mr.T.Balaji 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 09.12.2022, 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 25.10.2022. He further submitted that, though the petitioner is not involved in any crime, the respondent police registered a false case against the petitioner. He further submitted that the first respondent has passed the impugned order, believing the version of the respondent police and has 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/cum Deputy Commissioner of Police Washermentpet, Chennai, on the request made by the 2nd respondent police, examined the witnesses and after perusing the records, 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-I.
(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-I 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 cum Deputy Commissioner of Police, Washermenpet, Chennai.
2. State Inspector of Police ( L & O), N2, Kasimedu Police Station, Chennai-13.
3. The Superintendent, Central Prison, Puzhal-I.
4. The Public Prosecutor, High Court, Madras.
V.SIVAGNANAM, J.
mst Crl.M.P.No.19815 of 2022 in Crl.R.C.No.1676 of 2022 23.12.2022 (1/2)