Maran @ Pakisthan v. The Sub-Divisional Executive Magistrate Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2023

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl MP No.19332 of 2023 Maran @ Pakisthan ... Petitioner Vs.

1. The Sub Divisional Executive Magistrate Cum Sub Collector, Maduranthagam Taluk, Kancheepuram.

2. State Rep. By The Inspector of Police, Chunampedu Police Station, Kancheepuram District ... Respondent PRAYER: Criminal Revision Case has been filed under Sections 397 and 401 of Cr.P.C, praying to set aside the order dated 18.10.2023 passed by the 1 st respondent by its proceedings in MC No.10 /2023 Na.Ka.No.1369/2022/AA. For Petitioner : M/s.S.Sadhana For Respondent : Mr.A.Damodaran Additional Public Prosecutor 1/6

O R D E R

This petition has been filed seeking to set aside the order dated 18.10.2023 passed by the 1 st respondent by its proceedings in MC No.10 /2023 Na.Ka.No.1369/2022/AA.

2.

The petitioner on the impugned order in MC.No.10 of 2022 in Na.Ka.No.1369 of 2022/Aa dated 01.09.2023 passed by the RDO, Madhurandagam, has been directed to execute a bond for good behaviour under Section 110 of Cr.PC. Thereafter, the petitioner breached the bond and committed an offence under Section 399 of IPC. A case was registered in Cr.No.351 of 2023 and proceedings was initiated and an enquiry was also conducted by the 1 st respondent under Section 122(1) (b) of Cr.PC. After enquiry, the 1 st respondent passed an order stating that the petitioner shall pay Rs.25,000/- as fine for breach of bond and in default, the bond for good behaviour would get cancelled and further, the petitioner be confined at prison till 17.01.2024. Since the petitioner did not pay the bond amount, he is 2/6

confined at Central Prison, Puzhal, vide detention order dated 18.10.2023. Challenging the said order, the present Criminal Revision petition has been filed before this Court.

3.

The learned counsel for the petitioner de-horse the contention on merits and come forward to pay the amount of Rs.25,000/- as directed by the RDO, Madhurantagam in the impugned order. The learned counsel further submitted that since the petitioner's father ceremony is forthcoming, the petitioner undertakes to maintain peace and have good conduct in behaviour.

4.

The learned Additional Public Prosecutor submitted that the petitioner was directed to pay Rs.25,000/- for breach of bond. Since the petitioner did not pay the amount, he has been confined at Central Prison, Puzhal.

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5.

In view of the submission made by the petitioner that the petitioner will make the payment of Rs.25,000/- for breach of bond, this Court directs the release of the petitioner on the proof of the petitioner paying Rs.25,000/- before the respective authority, as per the direction of the RDO, Madhuranthagam. On payment of the amount, the RDO or any responsible officer shall inform the Superintendent of Prison, Central prison, Puzhal, Chennai about the compliance of the above said condition. Thereafter, the petitioner be released forthwith from the Central Prison, Puzhal, if he is otherwise not required in any other case.

6.

This Criminal Revision petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.

18.12.2023 Index : Yes/No Internet : Yes/No Speaking order / Non-speaking order rka Note : Issue order copy on 19.12.2023 4/6

To

1. The Sub Divisional Executive Magistrate Cum Sub Collector, Maduranthagam Taluk, Kancheepuram.

2. State Rep. By The Inspector of Police, Chunampedu Police Station, Kancheepuram District 3.The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

rka 18.12.2023 6/6