M. Gopal v. Inspector Of Police

Crl.O.P.No.15689 of 2023 Crl.O.P.No.15689 of 2023 G.CHANDRASEKHARAN , J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323 & 506(ii) of IPC in Crime No. Not known of 2023, seek 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 petitioners is pending in C.No.3315/COP/Vistors/22.

3.Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal side) for the respondent.

4. Considering the facts and circumstances, the respondent police has to issue notice under Section 41(A) of Cr.P.C to the petitioners and 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 and if any prima facie case is made out against the petitioners, register the F.I.R or close the petition enquiry https://www.mhc.tn.gov.in/judis

Crl.O.P.No.15689 of 2023 G.CHANDRASEKHARAN , J.

mpl 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.

19.07.2023 mpl Crl.O.P.No.15689 of 2023 https://www.mhc.tn.gov.in/judis