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Madras High CourtCRL OP/10346/2020closed

Thiru Selvakumar v. The Deputy Superintendent Of Police

2020-07-09Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.10346 of 2020

1. Selvakumar S/o.Ramalingam No.13, Kakkanji Nagar, Vikiravandi Post & Taluk, Villupuram District.

2. Gopi Krishnamoorthy S/o.Krishnamoorthy No.11, Mettupalayam Street, Mannargudi Taluk, Thiruvarur District.

... Petitioners Vs.

1. The Deputy Superintendent of Police District Crime Branch Office of Superintendent of Police, Nagapattinam Road, Tiruvarur District.

2. The Inspector of Police, District Crime Branch, Office of Superintendent of Police, Nagapattinam Road, Thiruvarur District.

(Crime No.Not known /2020) ... Respondents Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.Not known of 2020 on the file of the 2nd respondent police.

For Petitioners : M/s.T.Elumalai For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(This case has been heard through video conference) The learned Additional Public Prosecutor would submit that petition enquiry against the petitioners are pending in C.No.157/DCB/20 on the complaint of one Devaraj. https://hcservices.ecourts.gov.in/hcservices/

2. The respondent police has to issue notice under Section 41(A) of Cr.P.C. to the petitioner. 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. The Investigating Officer is to either register a First Information Report or close the complaint by 06.08.2020. If the Investigating Officer has grounds to arrest the petitioners, then he has to state the reasons in writing and communicate the same to the petitioners and in that case, the petitioners are at liberty to file necessary application before this Court seeking anticipatory bail.

3. With this observation, this Criminal Original Petition is closed.

-sd/- 09/07/2020 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 DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, OFFICE OF SUPERINTENDNT OF POLICE, NAGAPATTINAM ROAD, TIRUVARUR DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH OFFICE OF SUPERINTENDENT OF POLICE, NAGAPATTINAM ROAD, TIRUVARUR DISTRICT CC to M/S. T.ELUMALAI Advocate on payment of necessary charges CRL OP.10346/2020 Date :09/07/2020 RD 12/08/2020 https://hcservices.ecourts.gov.in/hcservices/