Nissar Mohammed v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14041 of 2020 Nissar Mohammed .. Petitioner Vs.

The State Rep. By Inspector of Police W-2, All Women Police Station Madipakkam, Chennai (Crime No. Not Known of 2020) .. Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime No.not known of 2020 on the file of the respondent police. For Petitioner : Ms.L.Jayamalini For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The Additional Public Prosecutor would submit that the petition enquiry against the petitioner is pending in C.S.R. No.165 of 2020 on the complaint of one Sabiya Begum.

2. 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 09.10.2020. 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.

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

-sd/- 10/09/2020 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 JUDICIAL MAGISTRATE, ALANDUR 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, W-2, ALL WOMEN POLICE STATION, MADIPAKKAM,CHENNAI CC to M/S. L.JAYAMALINI Advocate on payment of necessary charges CRL OP.14041/2020 Date :10/09/2020 GKS:16/09/2020 https://hcservices.ecourts.gov.in/hcservices/