Revision filed to set aside an order detaining a petitioner for breaching a good behaviour bond under Section 122(1)(b) Cr.P.C. The High Court found sufficient opportunity for cross-examination and dismissed the revision, upholding the magistrate's order.
Revision dismissed; petitioner directed to take defence in Criminal Case No.303 of 2021.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2021
C O R A M
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.R.C.No.439 of 2021 & Crl.M.P.No.7152 of 2021
Venkatesh @ Peeri Venkatesh ...Petitioner
Vs.
State rep.by the Inspector of Police, (L & O), S-14, Peerkankaranai Police Station, Chennai - 600 063. ...Respondent
PRAYER: Criminal Revision Case filed under 397 r/w 401 of Cr.P.C. to call for the records on the file of the Executive Magistrate cum Deputy Commissioner of Police, St. Thomas Mount District, in M.P.No.07 of 2021 in Na.Ka.En.394/Nir.Se.Nadu.Ka.Dhu.Aa.Pa.Tho.Ma/2021, dated 08.07.2021 and set aside the same.
For Petitioner : Mr.R.Krishnakumar
For Respondent : Mr.S.Sugendran Government Advocate (Crl.Side)
O R D E R
This Criminal Revision Case has been filed to set aside the order passed by the learned Executive Magistrate cum Deputy Commissioner of Police, St. Thomas Mount District in M.P.No.07 of 2021 in Na.Ka.En.394/Nir.Se.Nadu.Ka.Dhu.Aa.Pa.Tho.Ma/2021, dated 08.07.2021.
of 2019, the learned Executive Magistrate passed the order, detaining the petitioner till the expiry of the period of bond, by invoking Section 122 (1)(b) of Cr.P.C. Challenging the same, the accused has filed this Revision.
witnesses were not cross examined by the counsel, as there was no defence, and thereafter, the learned Executive Magistrate came to the conclusion that the petitioner had committed breach of bond and sentenced him to imprisonment for 299 days after deducting 66 days and therefore, this Court is of the view that sufficient opportunity was given to the petitioner.
Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
r n s
To
Deputy Commissioner of Police,
St. Thomas Mount District, Chennai.
Crl.R.C.No.439 of 2021 & Crl.M.P.No.7152 of 2021
VSN-II(CO)
RGA(18/08/2021)
3 issues framed by the court
Whether theHigh Court should interfere with the order of detention under Section 122(1)(b) Cr.P.C. for breach of good behaviour bond.
Whether the petitioner was afforded sufficient opportunity to cross-examine witnesses before the Executive Magistrate.
Whether the detention order passed by the Executive Magistrate was perverse or illegal.
3 provisions across 1 enactments
Venkatesh @ Peeri Venkatesh
State represented by the Inspector of Police
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
