RAJU Vs. SUB-DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) The Criminal Revision Case is directed against the order dtd. 16/6/2022 passed by the first respondent/Sub-Divisional Magistrate/the Revenue Divisional Officer, Kovilpatti, Thoothukudi District, in Na.Ka.A1.6211/2022, under Sec. 122(1)(b) of the Code of Criminal Procedure.

(2.) The first respondent, on the basis of the report of the second respondent, initiated proceedings under Sec. 110 Cr.P.C., in LIR No.71 of 2021 on 26/9/2021, conducted enquiry and ordered the petitioner to execute a bond under Sec. 110 Cr.P.C., on 27/9/2021 and on that basis, the petitioner has been bound over and released, after executing a bond, for maintaining good behaviour for a period of one year viz., from 27/9/2021 to 26/9/2022. Subsequently, a criminal case was registered against the petitioner in Crime No.353 of 2022, for the offences punishable under Ss. 8(c), 20(b)(ii)(b) and 29(1) of NDPS Act, and the petitioner was arrested on 11/6/2022 and remanded to judicial custody on the same day. The second respondent, by alleging that the petitioner violated/breached the bond executed by him, has sent a communication, requesting the first respondent to initiate necessary action under Sec. 122(1)(b) Cr.P.C. Based on the said report of the second respondent, the first respondent issued a show cause notice to the petitioner and directed them to produce the petitioner on 16/6/2022. The first respondent after enquiry, has passed the impugned order, dtd. 16/6/2022, cancelling the security bond executed by the petitioner and ordered to detain him in prison until the expiry of the period of bond viz., 26/9/2022. Aggrieved by the said order, the petitioner has preferred the present revision.

(3.) Heard Mr.N.Pragalathan, learned counsel for the petitioner and Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondents.