K.Shanmuga Sundaram v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.15840 of 2020 1.K.Shanmuga Sundarm, aged 48 years S/o.Gurusamy 2.K.Mohana Sundaram, aged 46 years S/o.Gurusamy .. Petitioners Vs.

The State represented by The Sub Inspector of Police, (Land Grabbing Special Wing) Kallakurichi, Kallakurichi District Crime No.Not known/2020) ..Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioners on Anticipatory bail in the event of their arrest in Crime No.not known of 2020 pending on the file of the respondent police.

For Petitioners : Mr. P.Ganapathy For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor 1/4

O R D E R

(The case has been heard through video conference) The Additional Public Prosecutor would submit that the petition enquiry against the petitioners is pending in C.No.5908 of 2020 on the complaint of one Balakrishnan.

2. The respondent police has to issue notice under Section 41A 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 04.11.2020. 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.

3. With this observation, this Criminal Original Petition is closed 07.10.2020 Index: Yes/No.

Internet/Yes/No uma To 2/4

1.The Sub Inspector of Police, (Land Grabbing Special Wing) Kallakurichi, Kallakurichi District

2. The Public Prosecutor High Court of Madras.

A.D.JAGADISH CHANDIRA,J 3/4

uma Crl.O.P.No.15840 of 2020 07.10.2020 4/4