C.Indernath v. The Deputy Superintendent Of Police

Crl.O.P.No.23409 of 2022 Crl.O.P.No.23409 of 2022 A.D.JAGADISH CHANDIRA, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 420 IPC in Crime No. Not known of 2022, seeks anticipatory bail. 2.Today, when the matter is taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that a similar application was filed before this Court by the petitioners in Crl.O.P.No.6228 of 2022 by order dated 22.03.2022 as directed the petitioners to appear for enquiry. However, despite service of summons on them, the petitioners have not appeared for enquiry. However, he would further submit that the petition enquiry is pending against the petitioners.

3.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondents. https://www.mhc.tn.gov.in/judis

Crl.O.P.No.23409 of 2022 A.D.JAGADISH CHANDIRA, J.

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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 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 de-facto complainant.

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

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