← Library
Madras High CourtCRL OP/1438/2023disposed of

R.Poonmalai v. The State Rep By

2023-01-31Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.1438 of 2023 Crl.O.P.No.1438 of 2023 T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 506(2) and 420 IPC, in Crime No. Not known of 2023, seek anticipatory bail. 2.Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that petition enquiry is pending against the petitioners in C.No.G2/018346/3082/22.

3.Heard the learned counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the respondent and the learned counsel for the Intervenor/defacto complaint.

4. Considering the facts and circumstances, the respondent police has to issue notice under Section 41(A) of Cr.P.C to the petitioners and the petitioners are directed to appear before the respondent police and https://www.mhc.tn.gov.in/judis

Crl.O.P.No.1438 of 2023 T.V.THAMILSELVI, J.

msrm the Investigating Officer has to conduct the enquiry by strictly following the procedures therein and if any prima facie case is made out against the petitioners, register the F.I.R or close the petition enquiry within a period of four weeks from today. The parties are directed to cooperate with the enquiry. It is needless to say that the respondent police shall not take any coercive steps to secure the accused till the completion of enquiry on the complaint lodged by the defacto complainant.

5. With the above directions, this Criminal Original Petition is disposed of.

31.01.2023 msrm Crl.O.P.No.1438 of 2023 (1⁄2) https://www.mhc.tn.gov.in/judis