BALAJI Vs. STATE

JUDGEMENT

(1.) This Criminal Miscellaneous Petition is to suspend the conviction and sentence imposed on the petitioner herein by the first respondent learned Sub divisional Magistrate/Revenue Divisional Officer, Chengalpattu, Chengalpattu District, the first respondent herein passed in M.C.No.A1/183/2021 order dtd. 30/9/2021, pending disposal of the above revision.

(2.) Learned Counsel for the petitioner would submit that the case of the petitioner is that the petitioner had executed bond on 4/5/2022 to 3/5/2023 under Sec. 110 of Cr.P.C., for keeping good behaviour for one year. Based on the complaint against the petitioner, the third respondent registered a case against the petitioner in Crime No.183 of 2022 under Ss. 4(1)(aaa) 4(1-A) TNP Act r/w 6 and 11 of Rules 2000 and was arrested and remanded in Judicial custody on 20/4/2022. The petitioner further executed a security bond from 30/9/2021 to 29/9/2022 and prior to the expiry of the bond period, the petitioner committed an offence and violated the conditions of the bond. Due to which, the second respondent recommended to take action against the petitioner under Sec. 122(1)(b) of the Cr.P.C, for which the first respondent cancelled the bond execued by the petitioenr on 30/9/2021 under Sec. 110 of the Cr.P.C and ordered to detain the petitioner.

(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 dtd. 9/8/2017 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 dtd. 25/9/2020, another Hon'ble Judge of this Court had doubted the power of the Deputy Commissioner of Police in passing detention order and while deferring with the 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.