Devan v. The Assistant Commissioner Of Police

Crl.O.P.No.10895 of 2023 Crl.O.P.No.10895 of 2023 K. KUMARESH BABU, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences under sections 406 & 420 IPC 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 respondents submitted that the petition enquiry against the petitioners is pending. 3.Heard the learned counsel for the petitioners and the learned Government Advocate (crl.side) for the respondents.

4. Considering the facts and circumstances, the 2nd respondent police has to issue notice under Section 41(A) of Cr.P.C to the petitioners and the petitioners are directed to appear before the 2nd respondent police and the Investigating Officer has to conduct the enquiry by strictly following the procedures therein and if any prima facie case is https://www.mhc.tn.gov.in/judis

Crl.O.P.No.10895 of 2023 K. KUMARESH BABU, J.

bga/gbi made out against the petitioners, register the F.I.R or close the petition enquiry within a period of eight weeks from today. The parties are directed to co-operate with the enquiry. It is needless to say that the 2nd 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.

5. With the above directions, this criminal original petition is disposed of.

18.05.2023 bga/gbi Crl.O.P.No.10895 of 2023 https://www.mhc.tn.gov.in/judis