Madras High CourtCRL OP/15127/2023disposed of

Madhav Srinivasa Rao @ Madhu Srinivas v. Inspector Of Police

2023-07-25Honourable Mr Justice G. Chandrasekharan4 pages

G.CHANDRASEKHARAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 406 & 420 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 on the basis of the complaint given by one Vijay Christopher, petition enquiry is pending in R.C.No.001286/COPTBM/TAPAL/2022. 3.In reply to this submission, the learned counsel for the petitioner submitted that so far petitioner had attended enquiry for five times. He also submitted that similar complaint was given with same set of allegations on the file of the Selaiyur Police Station in C.S.R.No.988 of 2018 dated 23.06.2018. After enquiry, that petition was closed.

4.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent.

5. 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 four weeks from the date of receipt of a copy of this order. The Investigation Officer is also directed to take into consideration, enquiry conducted in C.S.R.No.988 of 2018 and the outcome of the enquiry while disposing this complaint. 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.

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

25.07.2023 sli

G.CHANDRASEKHARAN, J.

sli 25.07.2023