Gopi v. State Rep. By

Crl.O.P.No.11901 of 2023 Crl.O.P.No.11901 of 2023 V.LAKSHMINARAYANAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 348, 323, 324 and 506(ii) IPC, in Crime No.Not known of 2023 on the file of the respondent police, seek 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 the petition enquiry is pending in CSR.No.310 of 2023, against the petitioner based on the complaint given by the defacto complainant.

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 41A 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 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.11901 of 2023 V.LAKSHMINARAYANAN, J.

rri procedures therein 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 two weeks from today. The parties are directed to cooperate with the enquiry. It is needless to say that the 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.

26.05.2023 rri Crl.O.P.No.11901 of 2023 https://www.mhc.tn.gov.in/judis