Madras High Court
Chandran vs The 2 Class Executive on 8 December, 2022
Crl.R.C.(MD).No.1194 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.12.2022
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.R.C.(MD).No.1194 of 2022
and
Crl.M.P.(MD) No.14957 of 2022
Chandran ... Petitioner / Respondent
Vs.
nd
1. The 2 Class Executive
Magistrate / Revenue Tahsildar,
Andipatti,
Theni District.
Na.Ka.No.4413/2022/A4.
2. The Inspector of Police,
Varusanadu Police Station,
Theni District. ... Respondents / Complainants
PRAYER: This Civil Revision Case is filed under Sections 397 r/w 401 of
the Criminal Procedure Code, to call for the records of the proceedings in
Na.Ka.No.4413/2022/A4, dated 21.6.2022 on the file of the 1st Respondent
and set aside the same.
For Petitioner : Mr. Mariappan R
For Respondents : Mr. Suresh Kumar,
Government Advocate (Crl. Side)
1/6
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD).No.1194 of 2022
ORDER
This Criminal Revision Case has been filed against the order passed
by the first respondent in Na.Ka.No.4413/2022/A4, dated 21.6.2022.
2.The proceedings under Section 122(1)(b) has been initiated against
the petitioner, for violation of bond executed under Section 110(e) Cr.P.C.
Reading of the order shows that there is complete non-application of mind.
It has been stated that the summon was issued to the petitioner and this
order has been passed by the first respondent on 21.06.2022, which is not
reasonable and proper. According to the learned counsel for the petitioner,
before passing the above said order, no enquiry was undertaken as
contemplated under Section 122(1)(b) of Cr.P.C.
3.The learned Government Advocate(Crl.side) appearing for the
respondents submitted that the procedure has been followed properly.
According to the learned Government Advocate(Crl.side), statement of
witnesses has been recorded and sufficient opportunities were given to him.
The learned Government Advocate(Crl.side) circulated a copy of the
statement recorded from the petitioner. Though the petitioner has executed
sureties before the first respondent, in violation of his own bond, he has
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD).No.1194 of 2022
involved in the offences in Crime No.37/2022 before the second respondent
police. Therefore, the impugned order has been passed by the first
respondent.
4.The learned counsel for the petitioner submitted that even though
subsequent happenings are there, the procedure has not been properly
followed. For that purpose, the learned counsel for the petitioner relied
upon a decision of this Court in P.Sathish @ Sathish Kumar Vs. State
represented by the Inspector of Police, reported in 2019 (2) MWN (Cr.)
136 and the relevant passages are extracted herein.
“1.Notice to be sent to the person by the Executive
Magistrate to show cause as to why action under Section
122(1)(b) of Cr.P.C should not be taken for breach of the bond
executed under Section 117 Cr.P.C on a date fixed.
2.At the enquiry, the Executive Magistrate should furnish
the person the materials sought to be relied upon, including
statements of witnesses, if any, in the vernacular (if the person
is not knowing the language other than his mother tongue).
3.If the person wishes to engage an Advocate to
represent him at the enquiry, an opportunity to have a counsel
of his choice should be provided to him.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD).No.1194 of 2022
4.The Executive Magistrate shall inform the person
about his right to have the assistance of a lawyer for defending
him in the enquiry.
5.The enquiry shall be conducted by the Executive
Magistrate on the notified date or such other date as may be
fixed and the person should be allowed to participate in the
same.
6.At the enquiry, an opportunity should be given to the
person to :(i) Cross-examine the official witnesses, if any and
(ii) produce documents and witnesses, if any, in support of his
case.
7.Such Executive Magistrate or his successor in office,
should then, apply his mind on the materials available on
record, in the enquiry, and pass speaking order.
8.An order under Section 122(1)(b) of Cr.P.C should
contain the grounds upon which the Executive Magistrate is
satisfied that the person has breached the bond.
9.A copy of the order should be furnished to the person
along with the materials produced at the enquiry.
10.The enquiry, as far as possible shall be completed
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD).No.1194 of 2022
within 30 days and at no circumstances, the enquiry shall be
adjourned unnecessarily. The advocates, who appear on behalf
of the persons concerned, are expected to co-operate with the
enquiry process for its expeditious completion.”
5.In view of the above, this petition is liable to be allowed and
accordingly, allowed and the order passed by the first respondent, under
Section 122(1)(b) Cr.P.C. in Na.Ka.No.4413/2022/A4, dated 21.6.2022, is
hereby quashed. However, liberty is granted to the respondents herein to
initiate fresh action, if so required, by following the procedure that has been
set out in the above said Judgment. The petitioner shall immediately
released, if he is not required in any other cases. Consequently, the
connected Miscellaneous Petition is closed.
08.12.2022
Index : Yes / No
Internet : Yes / No
indu
(Note :- Issue order copy on 09.12.2022)
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD).No.1194 of 2022
G.ILANGOVAN,J.
indu
To
1. The 2nd Class Executive
Magistrate / Revenue Tahsildar,
Andipatti,
Theni District.
Na.Ka.No.4413/2022/A4.
2. The Inspector of Police,
Varusanadu Police Station,
Theni District.
3.The Government Advocate (Crl.Side),
Madurai Bench of Madras High Court, Madurai.
Crl.R.C.(MD).No.1194 of 2022
08.12.2022
https://www.mhc.tn.gov.in/judis
