DEVADASSAN versus THE SECOND CLASS EXECUTIVE MAGISTRATE, RAMANATHAPURAM & ORS.

DEVADASSAN versus THE SECOND CLASS EXECUTIVE MAGISTRATE, RAMANATHAPURAM & ORS.

The Executive Magistrate conducted an enquiry, issued a show cause notice, the appellant executed an undisputed bond under Sections 110/117 Cr.P.C., later was involved in a subsequent criminal case which breached the bond, and after affording opportunity the Magistrate lawfully held a breach and imposed punishment under Section 122(1)(b); the High Court rightly affirmed that order, hence the appeal was dismissed.

Parties
Appellant: Devadassan; Respondent: Second Class Executive Magistrate, Ramanathapuram & Ors.
Jurisdiction
India
Judgment Date
09 March 2022
Procedural Posture
Criminal Appeal / Appeal From Judgment and Order Dated 22.07.2021 of the High Court of Madras, Madurai Bench (crl.rc(md) No.379 of 2021)
Outcome
Appeal dismissed
Legal Topics
Security for Keeping the Peace, Imprisonment in Default of Security, Procedure Under Chapter VIII Cr.p.c., Breach of Bond, Powers of Executive Magistrate
Criminal Procedure Constitutional Law Security for Keeping the Peace Imprisonment in Default of Security Procedure Under Chapter VIII Cr.p.c. Breach of Bond Powers of Executive Magistrate

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Parties

Devadassan

Appellant

Second Class Executive Magistrate, Ramanathapuram & Ors.

Respondent

Procedural Posture

Criminal Appeal / Appeal From Judgment and Order Dated 22.07.2021 of the High Court of Madras, Madurai Bench (crl.rc(md) No.379 of 2021)

Legal Issues

  1. 1 Whether the Executive Magistrate and High Court correctly found the appellant guilty of breaching the bond and lawfully sentenced him under Section 122(1)(b) Cr.P.C.
  2. 2 Whether the procedure prescribed under Chapter VIII of the Cr.P.C. was followed before imposing punishment for breach of bond
  3. 3 Whether interference under Article 136 was warranted given claims about breaches of procedure and Article 21 rights

Ratio Decidendi

The Executive Magistrate conducted an enquiry, issued a show cause notice, the appellant executed an undisputed bond under Sections 110/117 Cr.P.C., later was involved in a subsequent criminal case which breached the bond, and after affording opportunity the Magistrate lawfully held a breach and imposed punishment under Section 122(1)(b); the High Court rightly affirmed that order, hence the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Order dated 13.5.2021 of the Second Class Executive Magistrate, Ramanathapuram (MC No.95/2021) upheld
  • Order dated 22.7.2021 of the High Court of Madras, Madurai Bench in Crl.RC(MD) No.379 of 2021 affirmed