N.ESAKKI RAJA Vs. STATE

JUDGEMENT

(1.) This Criminal Revision is filed against the order passed in EMC No.29/Sec/DC.L&O/Tin-C/2020, dtd. 10/6/2020 by the Executive Magistrate-cum-Deputy Commissioner of Police, Law and Order, Tirunelveli City.

(2.) The 2nd respondent initiated 107 Cr.P.C proceedings against the petitioner, based on the complaint given by the 1st respondent in L.I.R No.02/2020 alleging that a case under sec. 147, 294(b), 323, 506(1) IPC and under sec. 3 of TNPPDL, 1992 is pending in Crime No.285 of 2018 and there is an apprehension that the petitioner is likely to commit public breach and accordingly, passed preliminary order under sec. 111 Cr.P.C, in EMC No.29 of 2020, dtd. 17/3/2020 calling for why not the petitioner execute a personal bond for Rs.50,000.00 and Rs.5,000.00 for two sureties each for a period of 1 year and that on 24/3/2020, conducted enquiry and ordered to execute the bond for Rs.50,000.00 for a period of 1 year and on 4/6/2020, when one Srinivasan was passing through Megalingapuram in his two wheeler, the petitioner waylaid and abused him using filthy language and asked him, why he is riding in high speed in the Street and also slapped him in his face and also picked the Aruval and threatened him with dire consequences. Based on the complaint, the 1st respondent registered a case in Crime No.556 of 2020 under sec. 294(b), 323, 341, 506(2) IPC and consequently, on 5/6/2020, the petitioner was arrested and remanded to judicial custody and pending this bond, the petitioner is said to have committed the offence and hence, the 2nd respondent had cancelled the bond executed by the petitioner and passed the final order to detain the petitioner for a period of 1 year till the expire of the said bond.

(3.) Heard the learned counsel appearing on either side and perused the materials available on record.