Madras High Court
Munithurai @ Santiyar Munithurai vs The Second Class Executive ... on 2 December, 2021
Crl. R.C.(MD)No.469 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 02.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. R.C.(MD)No.469 of 2021
Munithurai @ Santiyar Munithurai .. Petitioner
Vs.
1.The Second Class Executive Magistrate,
Tahsildar,
Ramanathapuram Taluk,
Ramanathapuram.
2.The Superintendent of Police,
Central Prison,
Madurai,
Madurai District.
3.The Inspector of Police,
Mandapam Police Station,
Ramanathapuram District. .. Respondents
Prayer : This criminal revision case is filed under Sections 397 r/w. 401 of Cr.P.C.,
to call for the records in M.C.No.107/2021(A3) on the file of the learned Second
Class Executive Magistrate Cum Tahsildar, Ramanathapuram Taluk,
Ramanathapuram District dated 26.03.2021 to set aside the same.
For Petitioner : Mr.D.Balamurugapandi
For Respondents : Mr.K.Suresh Kumar
Government Advocate
1/4
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Crl. R.C.(MD)No.469 of 2021
ORDER
This petition has been filed to set aside the proceedings passed in M.C.No.
107/2021(A3) dated 26.03.2021, on the file of the first respondent.
2.The second respondent referred a case in LIR.No.30 of 2021 under
Section 110(e) of Cr.P.C., before the first respondent. In M.C.No.107/2021/A3,
dated 01.03.2021 the petitioner executed a bond before the first respondent for
maintaining good behavior for a period of one year. Subsequently, the petitioner
involved in a case in Crime No.50 of 2021 under Sections 8(c) r/w. 20(b)(ii)(B) of
NDPS Act. On the requisition of the second respondent, the first respondent passed
the impugned order under Section 122(1)(b) of Cr.P.C., directing the petitioner to be
in custody till 28.02.2022. Against that order, the petitioner preferred this revision
petition.
3.On the side of the petitioner, it is stated that the impugned order was
passed without application of mind. An opportunity was not given to the petitioner to
put forth his case. In support of this contention, the judgments of this Court in the
cases of Selvam @ Selvaraj v. The Executive Magistrate cum Deputy
Commissioner of Police reported in 2017 (3) MLJ 430, Devi v. The Executive
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Crl. R.C.(MD)No.469 of 2021
Magistrate cum Deputy Commissioner of Police reported in 2020 (6) CTC 157 and
Servam v. the Sub Divisional Executive Magistrate in Crl.R.C.(MD)No.235 of
2021 are cited and prayed the impugned order to be set aside.
4.On the side of the respondents, it is stated that the petitioner has
executed the bond on 01.03.2021. But subsequently, he was remanded on 05.03.2021
in Crime No.50 of 2021 under Section 8(c) r/w. 20(b)(ii)(B) of NDPS Act. There is
one previous case in Crime No.349 of 2020 under Sections 302, 109 and 201 IPC.
Only after following all the procedures, the impugned order was passed by the first
respondent and prayed the petition to be dismissed.
5.A perusal of the order reveals that the petitioner was produced before the
first respondent on 23.03.2021 and again on 26.03.2021. Whether copies were
furnished to the petitioner and whether the first respondent examined any other
witnesses were not specifically mentioned in the impugned order. Considering the
fact that the petitioner is having one more previous case under Section 302 IPC, this
Court is inclined to set aside the impugned order with liberty to the respondents to
initiate fresh proceedings, if it is so required.
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Crl. R.C.(MD)No.469 of 2021
R.THARANI, J.
MRN
6.In the result, the Criminal Revision Case is allowed. The petitioner is
directed to be released forthwith, unless his presence is required in any other case.
02.12.2021
Index : Yes/No
Internet : Yes/No
Mrn
Note : (I)Issue order copy on 03.12.2021.
(ii)In view of the present lock down owing to COVID – 19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy, shall be the responsibility of
the advocate / litigant concerned.
To
1.The Second Class Executive Magistrate,
Tahsildar,
Ramanathapuram Taluk,
Ramanathapuram.
2.The Superintendent of Police,
Central Prison,
Madurai, Madurai District.
3.The Inspector of Police,
Mandapam Police Station,
Ramanathapuram District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
Crl. R.C.(MD)No.469 of 2021
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