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Devadassan vs. The Second Class Executive Magistrate, Ramanathapuram & Ors.

Criminal Appeal · 2022 INSC 286Decided 9 Mar 2022
Criminal Appeal No. 388 of 2022
Indira Banerjee · J.K. Maheshwari

Background

The appellant had eight prior criminal cases against him between 2012 and 2021, so the Executive Magistrate at Ramanathapuram, after a notice and enquiry, made him execute a bond of Rs. 50,000 under Section 117 (read with Section 110) of the Cr.P.C. to maintain good behaviour and keep the peace for one year. While that bond was still running, he was named as a co-accused in a fresh, serious case: a murder registered under Sections 147/148/342/302 read with 109/120(B) IPC. On this basis, the Magistrate held he had breached the bond and ordered his arrest and imprisonment under Section 122(1)(b) Cr.P.C., which the Madras High Court upheld.

Decision Breakdown

The Supreme Court held that Chapter VIII of the Cr.P.C. gives Executive Magistrates the power to take preventive security bonds from persons likely to disturb public peace, and to imprison them if they breach the bond's conditions, and it found the procedure here had properly been followed. The appellant was given a show-cause notice, an enquiry was conducted, his statement was recorded, and his explanation was considered before the order was passed. The Court rejected the argument that Executive Magistrates generally fail to follow procedure (based on some High Court rulings criticizing the practice in other cases), noting that nothing in this specific case showed a departure from the prescribed procedure. Since the appellant did not dispute executing the bond, nor deny being named in the fresh murder case, the Magistrate's finding of breach and the resulting custody order were lawful, and personal liberty under Article 21 was not violated because it was curtailed through the procedure established by law. The appeal was dismissed as without merit.

Lesson Learnt

A preventive "keep the peace" bond taken under Chapter VIII of the Cr.P.C. is not a formality, breaching it, including by getting implicated in a fresh serious criminal case, can lawfully lead to imprisonment for the bond period, provided the Magistrate has followed the required notice-and-hearing procedure.

Official source (sci.gov.in)View Judgment (PDF)

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