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Madras High CourtCRL OP/18091/2020disposed of

Naresh.M v. The State Rep By,

2020-12-02Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2020

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18091 of 2020 and Crl.M.P.Nos.4241 & 4048 of 2020 Naresh M ... Petitioner Vs.

The State Represented by,

...Respondent

The Inspector of Police, W-20, All Women Police Station, Saidapet, Chennai-600 015.

(Cr.No.2 of 2020) Prayer:

Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail in the event of his arrest in Connection with the Crime No.02 of 2020 pending on the file of the respondent police.

For Petitioner : Mr.AR.L.Sundresan, Senior Counsel for Mr.Manoj Sreevalsan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor For Intervenor : Mr.N.Prakash, Senior Counsel

ORDER

(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 376, 417, 313, 354 D & 506 (2) of IPC r/w. Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.2 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. It is now represented by the learned Senior counsel for the petitioner that investigation was completed and charge sheet was also filed, which is pending in P.R.C.No.58 of 2020 before the IX Metropolitan Magistrate, Saidapet, Chennai. Thereafter, summons have been issued to the petitioner, and now the case is posted for the appearance of the petitioner on 21.12.2020. In view of the above summons, the petitioner in obeyance has to appear before the learned Metropolitan Magistrate- IX, Saidapet, Chennai and execute a bond as per Section 88 of Cr.P.C.,

3. Mr.N.Prakash, the learned Senior counsel for the intervenor submitted that the investigation in this case has not been properly carried out and the petitioner has not been properly interrogated by the police.

4. The learned Additional Public Prosecutor submitted that the investigation completed and the charge sheet is also filed in this case. He further submitted that the investigation has been properly completed as per the procedure. Hence, if the intervenor has any grievance, he has to workout his remedy as per law.

5. Considering the above submissions, it is seen that the investigation was completed and the chargesheet has been filed and it is taken on file in P.R.C.No.58 of 2020 before the learned Metropolitan Magistrate - IX, Saidapet, Chennai. Now, the summons have been issued to the petitioner for his appearance on 21.12.2020.

6. In view of the above, nothing survives for the adjudication in this petition. The petitioner shall approach the concerned Court in obeyance to the summons and thereafter, the concerned Court shall dispose of the petition as contemplated under Section 88 Cr.P.C. With the above direction, this Criminal Original Petition is disposed of.

-sd/- 02/12/2020 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 METROPOLITAN MAGISTRATE - IX, SAIDAPET, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, W-20, ALL WOMEN POLICE STATION, SAIDAPET, CHENNAI-15.

+1 CC to M/S.MANOJ SREEVALSAN Advocate on payment of necessary charges SR.NO.7881 CRL OP.18091/2020 and Crl.M.P.Nos.4241 & 4048 of 2020 Date :02/12/2020 TA-08/12/2020