ORDER

This Criminal Revision Case has been filed to set aside the order passed by the first respondent, in M.C.No.11/ep.nr.e. & fh.J.M/k.kh/ 2020, dated 11.09.2020.

2.Based on the report of the second respondent in LIR No.15 of 2020, the proceedings under Section 110 of Cr.P.C., was initiated by the first respondent and on 25.02.2020, the petitioner has executed a bond for maintaining peace for a period of one year. Subsequently, the petitioner has involved in another offence in Crime No.1100 of 2020 under Sections 392 r/w. 397 and 506 (ii) of IPC and was arrested on 29.08.2020 and is in custody. Based on the report of the second respondent, the first respondent initiated proceedings under Section 122(1)(b) of Cr.P.C., and enquired the witnesses and passed the impugned order. Against the impugned order, the petitioner preferred the Criminal Revision Case.

3.On the side of the petitioner, it is stated that the petitioner is in custody for the past three months. The period of detention will be over on

24.02.2021. The case in Crime No.1100 of 2020 is a put up case. There is no possibility for the petitioner to have committed dacoity by showing a knife in a thickly populated area. The copies were not furnished to the petitioner. No opportunity for the petitioner to engage a counsel was given. No opportunity to examine the witness was given. The satisfaction of the respondents was not mentioned in the impugned order.

4.On the side of the respondents, it is stated that all the procedures are duly followed before passing the impugned order. The petitioner has cross examined some of the witnesses. The impugned order was passed in accordance with law. The first respondent is having the power to pass the order. It is further stated that the petitioner is having three previous cases including a case under Section 302 of IPC, which is posted to 19.01.2021 by the IV Additional Sessions Judge in S.C.No.310 of 2019, which is pending for framing of charges. 5.It is seen that the petitioner is in custody for the past three months.

The petitioner was granted interim bail to attend the death ceremony of his father on 20.01.2021 and he surrendered before the first respondent today (02.02.2021). The learned Government Advocate also admitted that the petitioner has surrendered before the first respondent today (02.02.2021). The period of detention will be over by 24.02.2021.

6.In the above circumstances, this Court is inclined to set aside the order passed by the first respondent. Hence, the impugned order dated 11.09.2020, in M.C.No.11/ep.nr.e. & fh.J.M/k.kh/ 2020, passed by the first respondent is hereby set aside and this Criminal Revision Case is allowed.

02.02.2021 Index : Yes/No Internet : Yes/No Ls NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Executive Magistrate cum Deputy Commissioner of Police (L&W), Madurai City, Madurai.

2.The Inspector of Police, B3, Theppakulam Police Station, Madurai City, Madurai.

3.The Superintendent of Prison, Central Prison, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

R. THARANI, J.

Ls

02.02.2021