Vinoth vs State Rep By
2023 Latest Caselaw 4182 Mad

Citation : 2023 Latest Caselaw 4182 Mad
Judgement Date : 13 April, 2023

Madras High Court

Vinoth vs State Rep By on 13 April, 2023

                                                                           Crl.O.P.No.8139 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 13.04.2023

                                                           CORAM

                             THE HONOURABLE MR. JUSTICE SUNDER MOHAN
                                                 Crl.O.P.No.8139 of 2023

                     Vinoth
                                     ... Petitioner

                                                             Vs.
                     1. State Rep by
                        The Executive Magistrate
                        Cum Deputy Commissioner of Police,
                        T.Nagar District.

                     2. The Inspector of Police,
                        R11, Ramapuram Police Station,
                        Ramapuram, Chennai 600 089.                ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Criminal Procedure Code seeking to call for the records and set aside
                     the order passed in Crl.R.C.No.31 of 2022 (on the III Additional
                     District and Sessions Judge at Poonamallee) dated 03.02.2023,
                     confirming the order of conviction passed by 1st respondent in
                     M.P.No.01 of 2022 (on the file of the 1st respondent) dated 14.09.2022.



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https://www.mhc.tn.gov.in/judis
                                                                           Crl.O.P.No.8139 of 2023



                                       For Petitioner     : Mr.Arvind Adityan
                                                     for Mr.M.Che Castro
                                       For Respondents : Mr.Leonard Arul Joseph Selvam
                                                    Government Advocate(Crl.Side)

                                                         ORDER

By order dated 14.09.2022, the petitioner was detained by the 1st

respondent for violation of a bond executed by him under Section 107

Cr.P.C. He was directed to undergo detention for a period of 1 (one)

year. The III learned Additional District and Sessions Judge,

Poonamallee has confirmed the order of detention imposed on the

petitioner by the 1st respondent in Crl.R.C.No.31 of 2022, by order

dated 03.02.2023. The petitioner had challenged the said order before

this Court.

2. The learned counsel for the petitioner would submit that the

the impugned order is unsustainable, in view of the judgment of the

Division Bench of this Court dated 13.03.2023 in Cr.R.C.No.137 of

2018 batch cases. Therefore, he seeks to set aside the impugned order

passed by the 1st respondent.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.8139 of 2023

3. The learned Government Advocate (Crl.Side) appearing for the

respondents fairly conceded that the 1st respondent is not competent to

pass an order under Section 122(1)(b) Cr.P.C.

4. Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl.Side) appearing for the respondents and

perused the materials available on record.

5.The impugned order passed by the first respondent dated

14.09.2022 cannot be sustained in view of the order of the Division

Bench of this Court dated 13.03.2023 in Cr.R.C.No.137 of 2018 batch

cases, wherein, this Court had held as follows:-

“80 (e) In the light of the law laid down in paragraph 24 of the three judge bench decision of the Supreme Court in Gulam Abbas Vs State of Uttar Pradesh (1982) 1 SCC 71, an Executive Magistrate cannot authorize imprisonment under Section 122(1)(b) for violation of a bond

https://www.mhc.tn.gov.in/judis Crl.O.P.No.8139 of 2023

under Section 107 Cr.P.C. A person who has violated the bond executed before the Executive Magistrate under the said provision will have to be challenged or prosecuted before the Judicial Magistrate for inquiry and punishment under Section 122(1)(b)Cr.P.C”

6.Therefore, the impugned order dated 14.09.2022 passed by the

1st respondent as confirmed by the order dated 03.02.2023 passed by

the learned III Additional District and Sessions Judge, Poonamallee is

set aside. Accordingly, the Criminal Original Petition is allowed. The

Superintendent of Prison, Central Prison, Puzhal, Chennai is directed to

release the petitioner forthwith, if his detention is no longer required in

any other case. Consequently, connected miscellaneous petition is

closed.

13.04.2023

Index: Yes/No Internet : Yes/No Neutral Citation :Yes/No srn/dk

Note : Issue order copy today(13.04.2023)

https://www.mhc.tn.gov.in/judis Crl.O.P.No.8139 of 2023

1. The III Additional District and Sessions Judge, Poonamallee

2. The Executive Magistrate Cum Deputy Commissioner of Police,T.Nagar District.

3. The Inspector of Police, R11, Ramapuram Police Station, Ramapuram, Chennai 600 089.

4. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.8139 of 2023

SUNDER MOHAN. J,

srn/dk

Crl.O.P.No.8139 of 2023