Importance of following legal principles and ensuring compliance with natural justice in proceedings under Section 122(1)(b) of Cr.P.C

JUDGMENT

(Prayer: Criminal Revision Petition has been filed under Section 397 r/w 401 Cr.P.C, to call for the records relating to the order passed by the learned Sub Divisional Magistrate/Revenue Divisional Officer, Thanjavur in M.C.No. 222/2021/A3, dated 31.03.2022, set aside the same and consequently release the detenue.)

1.The Criminal Revision Case is directed against the order dated 31.03.2022 passed by the first respondent/Sub Divisional Magistrate/Revenue Divisional Officer, Thanjavur in M.C.No.222/2021/A3, under Section 122(1)(b) of the Code of Criminal Procedure.

2. The first respondent, on the basis of the report of the second respondent, has issued a show cause notice under Section 111 Cr.P.C. to the petitioner on 04.09.2021, conducted enquiry and ordered the petitioner to execute a bond under Section 107 Cr.P.C., on the same day itself and on that basis, the petitioner has been bound over and released, after executing a bond, for maintaining good behaviour for a period of one year viz., from 04.09.2021 to 03.09.2022. Subsequently, the criminal case was registered against the petitioner in Crime No.40 of 2022, for the offences punishable under Sections 379 IPC r/w 21(4) of Mines and Minerals Act, 1957 and in Crime No.42 of 2022 for the offences punishable under Sections 294(b), 352 and 506(i) IPC r/w 3(1)(r) and 3(2)(va) of SC/St (Prevention of Atrocities) Act, and the petitioner was arrested on 11.03.2022 and remanded to judicial custody on the same day. The second respondent, by alleging that the petitioner violated/breached the bond executed by him, has sent a communication, requesting the first respondent to initiate necessary action under Section 122(1)(b) Cr.P.C. Based on the said report of the second respondent, the first respondent issued a show cause notice to the petitioner and directed them to produce the petitioner on 31.03.2022. The first respondent after enquiry, has passed the impugned order, dated 31.03.2022, cancelling the security bond executed by the petitioner and ordered to detain him in prison until the expiry of the period of bond viz., 03.09.2022. Aggrieved by the said order, the petitioner has preferred the present revision.

3. Heard Mr.T.Eashwar, learned counsel for the petitioner and Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondents.

4. The learned counsel for the petitioner would submit that the impugned order has been passed without following the procedure laid down by this Court, that the first respondent has not conducted proper enquiry as prescribed in the law, that the petitioner's right to get legal assistance was denied, that no opportunity was given to the petitioner to get the documents, that the first respondent has failed to supply all the documents mentioned in the impugned order, that the learned Magistrate has no power to invoke Section 122 (1)(b) of Cr.P.C for the violation of the bond executed under Section 107 Cr.P.C and that the personal liberty of the petitioner was seriously affected by the impugned order passed by the first respondent.

5. The learned Government Advocate (Criminal Side) appearing for the State would submit that the petitioner has been continuously and frequently involving in various criminal activities and caused various problem against the public peace and tranquillity, that during the pendency of the bond period, the petitioner was involved in the offences for which, FIR came to be registered in Crime No.40 of 2022, for the offences punishable under Sections 379 IPC r/w 21(4) of Mines and Minerals Act, 1957 and in Crime No.42 of 2022 for the offences punishable under Sections 294(b), 352 and 506(i) IPC r/w 3(1)(r) and 3(2)(va) of SC/St (Prevention of Atrocities) Act, that since the petitioner has violated the bond, at the instance of the second respondent, the first respondent has initiated the proceedings, that the first respondent after conducting proper enquiry has passed the order on 31.03.2022, cancelling th