Madras High CourtCRL OP/3925/2023disposed of

R.Govindaraj v. The State Rep By Its,

2023-02-27Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 of 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 these petitioners. 3.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 4.On bare perusal of the documents submitted on both the side of the parties, it reveals that one Jayabal claiming right over the property based on documents named as Sutha Vikiraya letter dated 21.06.1999 through which, he claiming right over the property situated in Gummidipundi Survey No.356 - 67, 140 sq.mts and Survey No.356-71

158 Sq.ms totally 298 Sq.mts, vacant site with thatched house. Therefore, the Revenue Authorities are directed to conduct investigation as to on what basis the alleged patta No. 176 was granted in favour of the Jayabal in Survey No.356 - 97, 71 based on Sutha Vikiraya letter and submit the report before this Court within period of two weeks from the date of receipt of a copy of this order.

5. 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 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 two (2) weeks from the date of receipt of copy of this order. 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.

6. With the above directions, this criminal original petition is disposed of.

27.02.2023 dk To The District Collector Thiruvallur

T.V.THAMILSELVI, J.

dk 27.02.2023