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Noting that an Executive Magistrate wanting to take security for good behaviour from suspected persons and habitual offenders, has powers under Sections 109 and 110 CrPC to issue orders under Sections 111 and 117 CrPC for security, the top court clarified that on violation of such orders, recourse specified under Section 122 CrPC is permissible.

As per Section 122 if any person ordered to give security under Wection 106 or Section 117 does not give such security on or before the date on which the period for which such security is to be given commences, can be committed to prison or be detained in prison, if already there.

“…the Legislature introduced the said Chapter conferring powers on the authorities to take action for violation of peace and tranquility in public order by the citizens of the locality, otherwise, by following the procedure as prescribed, the action may be taken by the competent authority”, observed a bench of Justices Indira Banerjee and JK Maheshwari.

Facts

One Devadassan had executed a bond to maintain good behaviour and peace for a period of one year and also undertook to pay Rs. 50,000/­- as penalty to the Government in case of breach or else face proceedings under Section 122(1)(b) CrPC.

Later, the Second Class Executive Magistrate and the High Court found him guilty for breach of the conditions of bond and punished him in exercise of power under Section 122(1)(b) CrPC. The orders impugned indicate that Devadassan indulged in criminal activities.

Even on execution of bond, Devadassan was found involved in an offence of commission of murder. The Executive Magistrate found him guilty for breach of bond and ordered his arrest and sent him into custody. The said order was affirmed by the High Court, and both these orders were challenged in the instant appeal.

Findings

On perusal of record, the top court found that from 2012 to January, 2021, eight criminal cases were registered against Devadassan, including of simple and grievous hurt, theft and also under the Arms Act.

The bench further observed that Chapter VIII of CrPC conferred powers to the Executive Magistrate to take bond for maintaining security and for keeping the peace and good behaviour by the citizens.

“As per Section 107 Cr.P.C, on receiving the information, that any person is likely to commit a breach of peace or disturb the public tranquility or to do any wrongful act, the Executive Magistrate may have power to show cause on violation of the terms of the bond so executed for maintaining peace.  As per Section 108 of Cr.P.C., similar power has been given for maintaining the security for good behaviour from persons disseminating seditious matters. Similarly, to take security for good behaviour from suspected persons and habitual offenders, powers under Sections 109 and 110 Cr.P.C. have been conferred upon the Executive Magistrate….”, the bench noted.

The bench was further of the view that nothing has been brought on record to show that how and in what manner the procedure contemplated under Chapter VIII of Cr.P.C. had not been followed. 

“It is a trite law that by following the procedure established by law, the personal liberty of the citizens can be dealt with”, it said.

It was thus held that the impugned orders did not call for any interference.

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