Madras High CourtCRL OP/15102/2020closed

P.Govindasamy v. The State Rep By,

2020-09-25Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.09.2020

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.15102 of 2020 1.P.Govindasamy 2.G.Sivagami ... Petitioners Vs.

The State rep. by, The Inspector of Police, District Crime Branch, Salem District.

(Crime No.Not Known of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of their arrest concern in Crime No.Not Known of 2020 on the file of the Inspector of Police, District Crime Branch, Salem District.

For Petitioners : Mr.D.Manuel For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) This Criminal Original Petition has been filed to enlarge the petitioner on bail in the event of their arrest concern in Crime No.Not Known of 2020 on the file of the Inspector of Police, District Crime Branch, Salem District.

2. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the respondent.

3. The learned Additional Public Prosecutor would submit that petition enquiry against the petitioners are pending in C.S.R.No.859 of 2020 on the complaint of one Rathinasabapathy.

4. The respondent police has to issue notice under Section 41(A) of Cr.P.C., to the petitioners. 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 16.10.2020. 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. https://hcservices.ecourts.gov.in/hcservices/

5. With this observations, this Criminal Original Petition is closed.

-sd/- 25/09/2020 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, SALEM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, SLEM DISTRICT.

CC to M/S.D.MANUEL Advocate on payment of necessary charges CRL OP.15102/2020 Date :25/09/2020 RVR 07/10/2020 https://hcservices.ecourts.gov.in/hcservices/