SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(Mad) 2774

V.PARTHIBAN
Vadivel @ Mettai Vadivel – Appellant
Versus
State, Rep. by The Inspector of Police – Respondent


Advocates Appeared:
For the Petitioner: K. Thenrajan
For the Respondents: G. Harihara Arun-Somasankar

JUDGMENT :

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










































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top