Madras High Court
Abdul Rahman vs The Sub-Divisional ... on 12 August, 2022
Crl.M.P.No. 12395 of 2022 in Crl.R.C.No. 1104 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.M.P.No. 12395 of 2022
in
Crl.R.C.No. 1104 of 2022
Abdul Rahman ... Petitioner
Versus
1. The Sub-Divisional Magistrate-Cum-
Revenue Divisional Officer
Dharapuram, Tiruppur District.
2. The State,
Represented by The Inspector of Police
Dharapuram Police Station
Dharapuram Taluk
Tiruppur District. ... Respondents
Prayer: Criminal Miscellaneous Petition filed under Sections 397(1) of
the Code of Criminal Procedure to suspend the sentence imposed in
M.C.No. 15/2022/E vide order dated 04.05.2022 on the file of the first
respondent and enlarge the petitioner on bail pending disposal of the
above Criminal Revision.
1/7
https://www.mhc.tn.gov.in/judis
Crl.M.P.No. 12395 of 2022 in Crl.R.C.No. 1104 of 2022
For Petitioner : Mr.M. Vinoth
For Respondents : Mr.S.Vinoth Kumar
Govt. Advocate (Crl. Side)
----
ORDER
This Criminal Miscellaneous Petition has been filed by the
petitioner/Accused, seeking to suspend the execution of the sentence
dated 12.02.2022 in his proceedings in M.C.No.15/2022/E Order dated
04.05.2022, Dharapuram Police Station, Tiruppur District U/S.110 of
Cr.P.C., and under Section 8(c), r/w 20(B) (ii) (AB) r/w Section 110 of
Cr.P.C., for a period 11.04.2022 to till date on the file of the 1st
respondent before the Court of Sub-Divisional Magistrate-Cum-Revenue
Divisional Officer, Dharapuram, Tiruppur District and enlarge the
petitioner on bail till the disposal of the above Criminal Revision Petition.
2. Mr.M.Vinoth, learned counsel appearing for the petitioner would
submit that in a routine manner, with a view to detain the petitioner, bond
is required under Section 110 of the Code of Criminal Procedure and
subsequently, the petitioner is implicated in criminal case as if he violated
the bond and now, the present order is passed.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No. 12395 of 2022 in Crl.R.C.No. 1104 of 2022
3. He would further submit that this Court, earlier, in the case of
P.Sathish Vs State and another, in Crl.R.C.(MD) No.302 of 2017 dated
09.08.2017 had issued certain directions to be followed by the Executive
Magistrate before clamping detention orders. Further, in the judgment
rendered in Devi Vs State, in Crl.R.C.No.78 of 2020, by order dated
25.09.2020, another Hon'ble Judge of this Court had doubted the power
of the Deputy Commissioner of Police in passing detention order and
while differing with the view taken in P.Sathish Vs State and another,
cited supra had referred the issues to the Hon'ble Chief Justice for
constituting a larger bench and thereby, it would take some time to decide
the issue. He would therefore, pray for suspension of sentence pending
revision.
4. Mr.S.Vinoth Kumar, the learned Government Advocate (Crl.
Side), would submit that the petitioner had furnished a bond to be of good
behaviour and in violation of the bond, he had involved in the offence and
the respondent, after affording sufficient opportunity, finding violation of
the bond, passed the order of detention.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No. 12395 of 2022 in Crl.R.C.No. 1104 of 2022
5. Heard the learned counsel for the petitioner and the learned
Government Advocate (Crl.Side) for the respondents and perused the
materials on record.
6. This Court in “Devi Versus The Executive Magistrate-cum-
Deputy Commissioner of Police, St.Thomas Mount District” in
Crl.R.C.No.78 of 2020, by order dated 25.09.2020, had differed with the
findings given in Crl.R.C.No.982 of 2018, dated 24.11.2018 and held in
paragraph No.20 as follows:-
“42. Since this Court respectfully differs
from V. Parthiban, J. on the issue of applicability
of Section 122(1)(b) Cr.P.C. to a good behaviour
bond under Section 110(e), the Registry is
directed to place this matter before the Hon’ble
Chief Justice for appropriate orders.
43. Further, as this Court is not in
agreement with the view propounded by another
learned single judge of this Court in Balamurugan
(supra), the following question is framed with a
direction to the Registry to place the same before
the Hon’ble Chief Justice with a request to
constitute a Bench of appropriate strength for an
authoritative pronouncement:
Whether G.O.Ms.No.659, Home (Cts.
VIA) Department dated 12.09.2013 and G.O.
Ms.No.181, Home (Cts.VIA) Department dated
20.02.2014 violate the scheme of separation of
https://www.mhc.tn.gov.in/judis
Crl.M.P.No. 12395 of 2022 in Crl.R.C.No. 1104 of 2022
powers and are ultra vires the proviso to
Section 6 of the Tamil Nadu District Police Act,
1868 (Central Act XXIV of 1868)?”
7. Now, both the learned Single Judges have referred the issues to
be placed before the Hon'ble The Chief Justice for constituting a larger
bench with regard to applicability of Section 122(1)(b) Cr.P.C., the power
exercised by police officers can it be said to be power exercised as
Executive Magistrate under the Code of Criminal Procedure and for other
connected issues.
8. In view of the above and it is learnt that it would take some time
for the above issues to be decided, this Court is inclined to suspend the
sentence imposed on the petitioner with the following conditions:-
(i) The petitioner shall execute own bond for
a sum of Rs.10,000/- (Rupees Ten Thousand Only)
before the learned Judicial Magistrate, Dharapuram.
(ii) The petitioner shall appear before the
second respondent Police everyday at 5.30 p.m.,
until further orders.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No. 12395 of 2022 in Crl.R.C.No. 1104 of 2022
9. Hence, the Criminal Miscellaneous Petition is ordered to the
extent of granting Suspension of Sentence. The Superintendent, Central
Prison, Coimbtore, is directed to set the petitioner at liberty, if his further
detention is no longer required in connection with any other case or
proceedings.
12.08.2022
(½)
Index : yes/no
Speaking order/Non-speaking order
msm
To
1. The Court of Sub-Divisional Magistrate-Cum-
Revenue Divisional Officer
Dharapuram, Tiruppur District.
2.The Inspector of Police
Dharapuram Police Station
Dharapuram Taluk
Tiruppur District.
3. The Superintendent,
Central Prison,
Coimbatore-I.
4.The Public Prosecutor,
Madras High Court.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No. 12395 of 2022 in Crl.R.C.No. 1104 of 2022
D.BHARATHA CHAKRAVARTHY, J.,
msm
Crl.M.P.No. 12395 of 2022
in
Crl.R.C.No. 1104 of 2022
12.08.2022
(½)
https://www.mhc.tn.gov.in/judis
