← Library
Madras High CourtCRL OP/14623/2023disposed of

Surya v. The Inspector Of Police

2023-07-04Honourable Mr Justice G. Chandrasekharan3 pages

G.CHANDRASEKHARAN.

J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294b, 420 and 506(ii) 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 (Criminal side) appearing for the respondent Police submitted that, petition enquiry against the petitioner is pending in C.No.379/Camp/PG/DCP/South/SLM(c)/2023 dated 19.05.2023 on the file of CCB, Salem.

3. The learned counsel for the petitioner would submit that now only she came to know that the petition enquiry is pending on the file of the CCB, Salem and not before the respondent police. 4.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) for the respondent.

5. Considering the facts and circumstances, the CCB, Salem 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 concerned 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 concerned police shall not take any coercive steps to secure the accused till the completion of enquiry on the complaint lodged by the defacto complainant.

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

04.07.2023 ksa-2 Copy to:

The Inspector of Police CCB, Salem.

G.CHANDRASEKHARAN.

J.

ksa-2 04.07.2023