Madras High CourtCRL OP/5327/2025disposed of

Kandasamy v. State Rep.By, The Inspector Of Police,

2025-02-27Honourable Mr Justice Sunder Mohan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 5327 of 2025 Kandasamy S/o. Kolandai 3/51 Marulukaran kottai, Elagiri Post Nallampalli, Dharmapuri.

Petitioner(s) Vs State Rep.By, The Inspector Of Police, District Crime Branch, Dharmapuri Dharmapuri District (Crime No. Not Known of 2025) Respondent(s) For Petitioner(s):

Thirumalaivasan Pachiyappan M.Selvam R.Venkatesan A.Mukesh For Respondent(s):

Mr.S.Santhosh Government Advocate (Crl.Side) PRAYER : To enlarge the petitioner on bail on event of his arrest in connection with crime no. not known of 2025 on the file of the respondent police and thus render justice

ORDER

The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 317(3), 318(4) and 322 of BNS in Crime No. Not known of 2025, seeks 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 the current paper enquiry is pending against the petitioner.

https://www.mhc.tn.gov.in/judis

SUNDER MOHAN J.

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3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

4. Recording the submission made by the learned Government Advocate (Crl.Side), it is hereby directed that the respondent police has to issue notice under Section 35 of BNSS (41A of Cr.P.C) to the petitioner and the petitioner is 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 petitioner, register the F.I.R or close the petition enquiry within a period of three weeks from today.

5. 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 petitioner till the completion of enquiry on the complaint lodged by the de facto complainant.

6. With the above directions, this Criminal Original Petition stands disposed of. 27-02-2025 ham To

1. State Rep.By, The Inspector Of Police, District Crime Branch, Dharmapuri Dharmapuri District (Crime No. Not Known of 2025) CRL OP NO. 5327 of 2025 https://www.mhc.tn.gov.in/judis