Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 185

INDIRA BANERJEE, J. K. MAHESHWARI
Devadassan – Appellant
Versus
Second Class Executive Magistrate, Ramanathapuram – Respondent

Advocates appeared:
For the Petitioner(s): Mr. A. Velan, Adv. Ms. Navpreet Kaur, Adv. Mr. Rudraksh Gupta, Adv. Mr. A. Lakshminarayanan, AOR
For the Respondent(s): Dr. Joseph Aristotle S., AOR

Judgement Key Points

Key Points: - The appellant was found guilty of breach of bond under Section 122(1)(b) Cr.P.C. after an order passed under Sections 111 and 117 Cr.P.C. for security. (!) - Eight criminal cases were registered against the appellant from 2012 to January 2021; bond of Rs. 50,000 without surety for one year was executed under Section 117 Cr.P.C. and 110(e) Cr.P.C. as a condition of maintaining peace. (!) - On violation of the bond, an order was passed under Section 122(1)(b) Cr.P.C., arrest and custody followed; the High Court and the Trial Court’s orders were upheld. (!) (!) - The judgment reiterates that Chapter VIII Cr.P.C. confers powers on Executive Magistrates to take bond to maintain peace and security for good behaviour, and if violated, Section 122 Cr.P.C. provides recourse. (!) - The Court held that the procedures prescribed were followed and afforded due opportunity; no interference with the High Court/Respondent’s orders was warranted. (!) (!)

What is the legality of arrest and detention under Cr.P.C. Sections 122(1)(b) read with 111 and 117 in the context of breach of peace bond?

What are the procedural requirements under Chapter VIII Cr.P.C. for taking a bond to maintain peace and good behaviour, and was due process followed in this case?

What is the court’s ruling on interference under Article 136 of the Constitution with respect to executive magistrate orders under Sections 111, 117, and 122 Cr.P.C.?

JUDGMENT

J.K. Maheshwari, J.

Leave granted.

2. Assailing the order dated 22.7.2021 passed in Criminal RC(MD) No. 379 of 2021 and Crl. MP (MD) No. 3829 of 2021 by the Madras High Court, Madurai Bench, confirming the order dated 13.5.2021 of the respondent No. 1 in MC No. 95 of 2021 (A3), the present appeal has been filed by the appellant.

3. The facts in brief are, the respondent No. 1 and the High Court found the appellant guilty for breach of the conditions of bond and punished him in exercise of power under Section 122(1)(b) of the Code of Criminal Procedure (in short “Cr.P.C.”). The orders impugned indicate that the appellant was indulged in criminal activities, however, the respondent No. 1 after notice and affording opportunity, passed order on 24.2.2021 under Section 117 read with Section 110(e) Cr.P.C.. In compliance, the appellant executed a bond to maintain good behaviour and peace for a period of one year and also undertook to pay Rs. 50,000/as penalty to the Government in case of breach or else face the proceedings under Section 122(1)(b) Cr.P.C. Even on execution of bond, he was found involved in an offence of commission of murder, registered by Uchipuli Police Station as C

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2022 Supreme(SC) 185

INDIRA BANERJEE, J. K. MAHESHWARIDevadassan – AppellantVersusSecond Class Executive Magistrate, Ramanathapuram – Respondent

What is the legality of arrest and detention under Cr.P.C. Sections 122(1)(b) read with 111 and 117 in the context of breach of peace bond?

What are the procedural requirements under Chapter VIII Cr.P.C. for taking a bond to maintain peace and good behaviour, and was due process followed in this case?

What is the court’s ruling on interference under Article 136 of the Constitution with respect to executive magistrate orders under Sections 111, 117, and 122 Cr.P.C.?

Cases Referred (4)

INDIRA BANERJEE, J. K. MAHESHWARI
Devadassan – Appellant
Versus
Second Class Executive Magistrate, Ramanathapuram – Respondent