DEVADASSAN Vs. SECOND CLASS EXECUTIVE MAGISTRATE,RAMANATHAPURAM

JUDGEMENT

(1.) Leave granted.

(2.) Assailing the order dated 22.7.2021 passed in Criminal RC(MD) No. 379 of 2021 and Crl. MP (MD) No. 3829 of 2021 by the Madras High Court, Madurai Bench, confirming the order dated 13.5.2021 of the respondent No. 1 in MC No. 95 of 2021 (A3), the present appeal has been filed by the appellant.

(3.) The facts in brief are, the respondent No. 1 and the High Court found the appellant guilty for breach of the conditions of bond and punished him in exercise of power under Section 122(1)(b) of the Code of Criminal Procedure (in short "Cr.P.C."). The orders impugned indicate that the appellant was indulged in criminal activities, however, the respondent No. 1 after notice and affording opportunity, passed order on 24.2.2021 under Section 117 read with Section 110(e) Cr.P.C.. In compliance, the appellant executed a bond to maintain good behaviour and peace for a period of one year and also undertook to pay Rs. 50,000/-­ as penalty to the Government in case of breach or else face the proceedings under Section 122(1)(b) Cr.P.C. Even on execution of bond, he was found involved in an offence of commission of murder, registered by Uchipuli Police Station as Crime No. 149 of 2021 under Sections 147/148/342/302 read with 109/120(B) IPC. The respondent No. 1 vide order dated 13.5.2021 found him guilty for breach of bond however, ordered his arrest and sent him to the custody. The said order has been affirmed by the High Court, however, this appeal has been filed challenging both the orders.