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Madras High CourtCRL OP/12833/2024disposed of

B Nagaraj v. The State Rep By

2024-05-29Honourable Mr Justice S. Sounthar3 pages

S.SOUNTHAR, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 of IPC in Crime No. Not known of 2024, seeks anticipatory bail. 2.Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that petition enquiry is pending in CSR.No.421 of 2024. 3.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent.

4. Considering the facts and circumstances, the respondent police has to issue notice under Section 41(A) of Cr.P.C to the petitioner and the petitioner is directed to appear before the respondent police and the Investigating Officer has to conduct the enquiry by strictly following the

procedures enumerated in the case of Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353 and if any prima facie case is made out against the petitioner, register the F.I.R or close the petition enquiry within a period of three weeks from today. The parties are directed to cooperate with the enquiry. It is needless to say that the respondent police shall follow the guidelines issued by the Apex Court in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353, while conducting enquiry.

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

29.05.2024 gd

S.SOUNTHAR, J.

gd 29.05.2024