V.PARTHIBAN
Vadivel @ Mettai Vadivel – Appellant
Versus
State, Rep. by The Inspector of Police – Respondent
1. The above Criminal Revision Cases raise two important legal issues with reference to bond executed under Section 110 of Cr.P.C. and invocation of Sub Clause (1)(b) of Section 122 Cr.P.C. by the Executive Magistrate.
2. The first and foremost contention made by the learned counsels appearing for the petitioners, is that in case of bond executed under Section 110 Cr.P.C., the Executive Magistrate does not have any power to invoke Sub Clause (1) (b) of Section 122 of Cr.P.C.
3. Section 110 Cr.P.C. which deals with the execution of bond for good behaviour from habitual offenders, is extracted as under:
"110. Security for good behaviour from habitual offenders.-
When an Executive Magistrate receives information that there is within his local jurisdiction a person who-
(a) is by habit a robber, house- breaker, thief, or forger, or,
(b) is by habit a receiver of stolen property knowing the same to have been stolen, or
(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property, or
(d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence pu
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