Sarasa @ Saraswathi vs The Taluk Administrative ...
2022 Latest Caselaw 13543 Mad

Citation : 2022 Latest Caselaw 13543 Mad
Judgement Date : 29 July, 2022

Madras High Court

Sarasa @ Saraswathi vs The Taluk Administrative ... on 29 July, 2022

                                                                  Crl.M.P.No.11185 of 2022 in Crl.R.C.No.1028 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 29.07.2022

                                                           CORAM :

                      THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                   Crl.M.P.No.11185 of 2022
                                                              in
                                                   Crl.R.C.No.1028 of 2022

                Sarasa @ Saraswathi                                                  ..       Petitioner

                                                             Vs

                1. The Taluk Administrative Magistrate cum Tahsildar
                   Coimbatore North
                   Coimbatore District.

                2. State rep. by
                   Inspector of Police
                   Periyanaickenpalayam Police Station
                   Coimbatore North Taluk
                   Coimbatore District.                                              ..        Respondents

                Prayer: Criminal Miscellaneous Petition filed under Sections 397 and 439 of
                the Code of Criminal Procedure to suspend the sentence imposed
                Na.Ka.No.4181/2022/Aa1 vide an order dated 19.07.2022 on the file of the first
                respondent and enlarge the petitioner on bail pending disposal of the criminal
                revision.


                                  For Petitioner       :    Mr.M.Vinoth
                                  For Respondents :         Mr.S.Vinoth Kumar
                                                            Govt. Advocate (Crl. Side)



https://www.mhc.tn.gov.in/judis
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                                                              Crl.M.P.No.11185 of 2022 in Crl.R.C.No.1028 of 2022

                                                        ORDER

This Criminal Miscellaneous Petition has been filed by the

petitioner/Accused, seeking suspension of the sentence imposed

Na.Ka.No.4181/2022/Aa1 vide an order dated 19.07.2022 on the file of the first

respondent and enlarge the petitioner on bail pending disposal of the criminal

revision.

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.

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 https://www.mhc.tn.gov.in/judis

Crl.M.P.No.11185 of 2022 in Crl.R.C.No.1028 of 2022

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.

5. Heard the learned counsel for the petitioner 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. https://www.mhc.tn.gov.in/judis

Crl.M.P.No.11185 of 2022 in Crl.R.C.No.1028 of 2022

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 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

https://www.mhc.tn.gov.in/judis

Crl.M.P.No.11185 of 2022 in Crl.R.C.No.1028 of 2022

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 Superintendent, Central Prison for women, Coimbatore.