C Indrani v. Inspector Of Police

A.D.JAGADISH CHANDIRA , J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 438 of the code of Criminal Procedure, 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 all the petition enquiry in CSR.No.5 of 2023 dated 26.02.2023 is pending against the petitioners.

3. The learned counsel for the petitioners would submit that the defacto complainant has attempted suicide and that the reason is that the petitioner has fearing danger. The petitioner has already filed an application seeking for divorce which is pending in H.M.O.P.No.1061 of 2023 on the file of the III Additional Family Court, whereas, the respondent police are harassing the petitioner to take back the victim, which the petitioner cannot do. Therefore, she would seek for grant of anticipatory bail.

4. The learned Counsel for the petitioners submitted that the respondent police is harassing the petitioners under the guise of enquiry.

5. Considering the facts and circumstances, the respondent police is directed to conduct enquiry 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 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.

6. With the above directions, these criminal original petitions are disposed of.

18.04.2023 jas

A.D.JAGADISH CHANDIRA , J.

jas 18.04.2023