No jurisdiction to initiate proceedings under Section 122(1)(b) of Cr.P.C. when the accused executed bond under Section 110 Cr.P.C. Criminal revision petition allowed: Madras High Court
The Madras High Court passed an judgement on 5th of May, 2023 in which it allowed a criminal revision petition against the order directing the petitioner to be detained in custody. This was seen in the case of Vijay v. The State of Tamil Nadu and Ors. (Crl.R.C.No.866 of 2023 and Crl.M.P.No. 6691 of 2023) and the case was presided over by The Hon’ble Mr. Justice G. K. Ilanthiraiyan
FACTS OF THE CASE:
The petitioner filed a criminal revision petition against the order directing the petitioner to be detained in custody. He was arrested and remanded to judicial custody and was directed to execute bond for a period of one year under Section 110 Cr.P.C.
During this period, he got involved in another crime, thus was issued show cause notice to initiate proceedings under Section 122(1)(b) of Cr.P.C. After his explanations, he was detained. Hence this petition.
The learned bench after listening to the contentions of both parties, held with the help of precedents that the first respondent has no jurisdiction to initiate proceedings under Section 122(1)(b) of Cr.P.C. when the accused executed bond under Section 110 Cr.P.C.
Breach of good behaviour bond only results in civil liability, viz., forfeiture of the bond amount and not imprisonment. Hence, the criminal revision petition was allowed and the impugned order was set aside.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA