R.Sathishkumar v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2021

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Crl.O.P.No.10256 of 2021 R.Sathishkumar ... Petitioner Vs.

The State Rep. by its ... Respondent The Inspector of Police, All Women Police Station , Sriperumbudur, Kancheepuram Dist.

(Crime No. Not Known of 2021) Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No. Not Known of 2021 on the file of the Inspector of Police, All Women Police Station , Sriperumbudur, Kancheepuram District.

For Petitioner : Mr.E.Sivanandan For Respondent : Mr.L.Baskaran Government Advocate (Crl.side)

ORDER

(The case has been heard through video conference) The petitioner apprehends arrest by the respondent Police for the alleged offences punishable under Section 498 (a) of IPC, on the complaint given by the defacto complainant viz., Ramya and seeks anticipatory bail.

2.The petitioner is the wife of the defacto complainant who has lodged the complaint.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police on instructions would submit that till date, no FIR has been registered against the petitioner and the complaint is only in CSR stage as CSR No.91 of 2021.

4.Since the case is in CSR stage, this Court is inclined to pass the following directions:

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The respondent police has to issue notice under Section 41A of Cr.P.C to the petitioner. 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. The Investigating Officer is to either register a First Information Report or close the complaint by 12.07.2021. If the Investigating Officer has grounds to arrest the petitioner, then he has to state the reasons in writing and communicate the same to the petitioner and in that case, the petitioner is at liberty to file necessary application before this Court seeking anticipatory bail.

5. With the aforesaid direction, this Criminal Original Petition is closed.

-sd/- 11/06/2021 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 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIPERUMBUDUR, KANCHEEPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.E.SIVANANDAN Advocate on payment of necessary charges SR.NO.6449 CRL OP.10256/2021 Date :11/06/2021 TA-30/06/2021 https://hcservices.ecourts.gov.in/hcservices/