VINOTH Vs. STATE

JUDGEMENT

(1.) By order dtd. 14/9/2022, the petitioner was detained by the 1 st respondent for violation of a bond executed by him under Sec. 107 Cr.P.C. He was directed to undergo detention for a period of 1 (one) year. The III learned Additional District and Sessions Judge, Poonamallee has confirmed the order of detention imposed on the petitioner by the 1st respondent in Crl.R.C.No.31 of 2022, by order dtd. 3/2/2023. The petitioner had challenged the said order before this Court.

(2.) The learned counsel for the petitioner would submit that the the impugned order is unsustainable, in view of the judgment of the Division Bench of this Court dtd. 13/3/2023 in Cr.R.C.No.137 of 2018 batch cases. Therefore, he seeks to set aside the impugned order passed by the 1 st respondent.

(3.) The learned Government Advocate (Crl.Side) appearing for the respondents fairly conceded that the 1 st respondent is not competent to pass an order under Sec. 122(1)(b) Cr.P.C.