BALAJI Vs. ADMINISTRATIVE EXECUTIVE MAGISTRATE-CUM-DEPUTY

JUDGEMENT

(1.) This Criminal Miscellaneous Petition has been filed by the petitioner/Accused, seeking suspension of sentence imposed by the 1st respondent in Na.Ka.No.100/Ni/Se/Na and Ka.THu.Aa (South)/Coimbaore City/2022 vide an order dtd. 18/6/2022 and enlarge him on bail pending disposal of the Criminal Revision Petition.

(2.) Mr.M. Vinoth, learned Counsel appearing for the petitioner would submit that in a routine manner, with a view to detain the petitioner, bond is required under Sec. 110 of the Code of Criminal Procedure and subsequently, the petitioner is implicated in criminal case as if he violated the bond and now, the present order is passed.

(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 differing 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.