Madras High Court
Agoramoorthy vs State Rep. By on 9 May, 2024
Crl.O.P.No.11554 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.05.2024
CORAM
THE HON'BLE MR.JUSTICE K. KUMARESH BABU
Crl.O.P.No.11554 of 2024
Agoramoorthy ... Petitioner / Accused
Vs.
1. State Rep. By
Sub-Inspector of Police,
Poombuhar Police Station,
Mayiladuthurai District,
Crime No. 17/2024
2. The Revenue Divisional Officer's
Sirkazhi,
Mayiladuthurai District. ... Respondent / Complainant
Prayer: Criminal Original Petition is filed under Section 482 of Criminal
Procedure Code, pleased to Set aside the order passed by learned District
and Sessions Judge, Mayiladuthurai in Crl.M.P.No.973 of 2024 in
Crl.R.P.No.06 of 2024 by an order dated 30.04.2024.
For Petitioner : M/s. M. Vinoth
For R1 : Mr. L. Baskaran
Government Advocate (Crl.Side)
ORDER
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This Criminal Original Petition has been filed to Set aside the
order passed by learned District and Sessions Judge, Mayiladuthurai in
Crl.M.P.No.973 of 2024 in Crl.R.P.No.06 of 2024 by an order dated
30.04.2024.
2. The criminal original petition is filed against the Order passed
by the Court below in Crl.M.P.No.973 of 2024, wherein the petition filed by
the petitioner to suspend the sentence passed by the 2nd respondent herein is
dismissed by holding that the petitioner is already been taken into custody. It
is not disputed by the learned Government Advocate (Crl.Side) that the issue
is squarely covered by Division Bench judgment of this Court in 2023 – 1 –
L.W.(Crl.) 810 [P.Sathish @ Sathish Kumar vs. State rep. By the
Inspector of Police – Law and Order and another], wherein the Division
Bench of this Court had categorically held that for the violation of bond
executed under Section 117 of Cr.P.C, the Executive Magistrate has no
power to Order detention of a person without being specially invested with
the powers of a Judicial Magistrate. In view of the categorical
pronouncement of the Division Bench of this Court, I am of the view that
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the petitioner could not be detained in pursuance to the bond executed by the
petitioner for keeping peace under section 110 of Cr.P.C.
3. In the said circumstances, the Court below erred in dismissing
the petition filed by the petitioner to suspend the sentence. The Order dated
20.02.2024 made by the 2nd respondent in M.C.No.146/2023/A2 is illegal
and is hereby set aside and therefore the petitioner is directed to set out
liberty, pending disposal of the revision on the file of the District & Sessions
Judge, Mayiladuthurai in Crl.R.P.No.06/30354.
4. With the above said direction, this criminal original petition is
disposed of.
09.05.2024
stn
Index: Yes / no
Speaking Order: Yes / no
K. KUMARESH BABU, J.
stn
https://www.mhc.tn.gov.in/judis
To
1. The Sub-Inspector of Police,
Poombuhar Police Station,
Mayiladuthurai District,
(Crime No. 17/2024)
2. The Revenue Divisional Officer's
Sirkazhi,
Mayiladuthurai District.
3. The Central Prison,
Thiruchirapalli.
4. The Public Prosecutor,
High Court of Madras.
09.05.2024
https://www.mhc.tn.gov.in/judis
