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Madras High CourtCRL OP/12119/2023disposed of

S Selvaraj v. State Rep. By

2023-05-26Honourable Mr Justice V. Lakshminarayanan2 pages

Crl.O.P.No.12119 of 2023 Crl.O.P.No.12119 of 2023 V.LAKSHMINARAYANAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police, for the alleged offences punishable under Sections 406 and 506(ii) of IPC, in Crime No. Not known of 2023, 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 the petition enquiry in C.S.R.No.496 of 2023, is pending against the petitioner.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police. https://www.mhc.tn.gov.in/judis

Crl.O.P.No.12119 of 2023 V.LAKSHMINARAYANAN, J.

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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 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 ham Crl.O.P.No.12119 of 2023 https://www.mhc.tn.gov.in/judis