A.Santhosh Kumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of March Two Thousand Twenty PRESENT The Hon`ble Mr Justice T.RAJA CRIMINAL ORIGINAL PETITION No.6216 of 2020 A.SANTHOSH KUMAR [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] ATTUR TOWN POLICE STATION, SALEM DISTRICT.

CRIME NO.NOT KNOWN OF 2020 For Petitioner : M/S. R.DIWAKARAN Advocate For Respondent : MR.C.IYYAPPARAJ, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for alleged offences punishable under sections 307 and 506(ii) of I.P.C., in Crime No.not known of 2020, the petitioner has come forward with this petition seeking anticipatory bail.

2.The case of the prosecution is that, on 06.03.2020, the petitioner/accused drove his car against the defacto complainant in a criminal mind to do away him. Hence, the present complaint has been lodged against the petitioner.

3.The learned counsel for the petitioner would submit that the defacto complainant is none other than the son of the petitioner's father's other wife. The father has left a Will. Already a property dispute is pending between the petitioner and the defacto complainant. In view of the said grudge, the defacto complainant has preferred the present false complaint. Hence, he pray for anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the State would submit that the petition enquiry is pending and the enquiry will be completed within a period of four weeks. https://hcservices.ecourts.gov.in/hcservices/

5.In view of the fact that the dispute is between the son of the first wife and the son of the second wife of the deceased father, based on the Will and as stated by the learned Additional Public Prosecutor, enquiry will be completed within a period of four weeks, till then, the respondent Police is directed not to arrest the petitioner under the guise of enquiry or interrogation. However, the petitioner is directed to co-operate with the enquiry and appear for enquiry as and when required by the respondent Police. This interpretation is given since it is a family dispute. Accordingly, the Criminal Original Petition is closed.

-sd/- 18/03/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE ATTUR TOWN POLICE STATION, SALEM DISTRICT.

CC to M/S. R.DIWAKARAN Advocate on payment of necessary charges Sr.5334 CRL OP.6216/2020 Date :18/03/2020 RVR 15/04/2020 https://hcservices.ecourts.gov.in/hcservices/