ARIVAZHAGAN Vs. STATE

JUDGEMENT

(1.) Challenging the orders dtd. 5/9/2020 in Na.Ka.A3/1282/2020 passed by the Executive Magistrate - cum- Sub Collector, Kallakurichi District, the present revision is filed.

(2.) The learned counsel for the revision petitioner would submit that the first respondent had initiated proceedings against the petitioner u/s.110 Cr.P.C. and directed him to execute a bond under Sec. 117 Cr.P.C. for good behaviour on 11/6/2020 for a sum of Rs.25,000.00 for a period of one year. Subsequently, a case was registered against the present revision petitioner in Crime No.2025/2020 of Kallakurichi Police Station, Kallakurichi District for the offences punishable u/s.394, 397 IPC. Since the revision petitioner violated the condition of the bond which he executed u/s.117 Cr.P.C, the Executive Magistrate - cum- Sub Collector, Kallakurichi District initiated proceedings u/s.122(1)(b) Cr.P.C. and remanded the petitioner to undergo imprisonment until the expiry of the period of bond.

(3.) A Division Bench of this Court in Crl.R.C.No.137/2018 batch cases dtd. 13/3/2023 [P.Sathish @ Sathis Kumar Vs. State Rep. by the Inspector of Police, Law and Order, H-4, Korukkupet Police Station, Chennai, relied on the judgement of the Hon'ble Supreme Court reported in (1982) 1 SCC 71 [Gulam Abbas Vs State of Uttar Pradesh]. In paragraph 80 (e) of the said order dtd. 21/6/2023, it has been held as follows:-