SAKTHIDASAN Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition has been filed by the petitioner to set aside the order dated 12.04.2019 passed by the Learned Sub-Divisional Magistrate cum Revenue Divisional Officer, Madurantakam, Kancheepuram District, in Na.Ka.550/2019 and consequently, set the petitioner at liberty.

(2.) The point that falls for consideration in this petition is whether the bond executed by the petitioner would fall under Section 107 Cr.P.C. or Section 110 Cr.P.C. The Sub-Inspector of Police, G-7, Achirupakkam Police Station submitted a report dated 28.02.2019 to the Learned Sub-Divisional Magistrate cum Revenue Divisional Officer, requesting him to obtain a bond for good behaviour from the petitioner. In support of this request, the Sub-Inspector has catalogued the criminal cases pending against the petitioner in the Police Station. The cases referred to in the said report are as under:

(3.) On the said report, Sub-Divisional Magistrate cum Revenue Divisional Officer passed an order dated 14.03.2019 directing the petitioner to execute a bond for Rs. 2,000/- with two sureties, undertaking for good behaviour. Accordingly, the petitioner executed a bond of Rs. 2,000/- with two sureties on 13.03.2019. Thereafter, a case in Achirapakkam Police Station Cr. No. 85/2019 was registered against the petitioner on 08.04.2019 for the offences under Sections 294(B), 323 and 506(i) IPC and was arrested. While he was in custody, the Sub-Divisional Magistrate cum Revenue Divisional Office conducted an enquiry and passed the impugned order dated 12.04.2019, holding that the petitioner had breached the bond and consequently, the petitioner was sentenced to undergo imprisonment from 08.04.2019 to 13.03.2020, challenging which, the petitioner is before this Court.