S.Sreenivasalu v. State Repd.By The Inspector Of Police

Crl.O.P.No.21602 of 2023 Crl.O.P.No.21602 of 2023 RMT.TEEKAA RAMAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 420 of 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 petition enquiry against the petitioner is pending in C.S.R.No.734 of 2023.

3. The learned counsel for the petitioner submitted that the petitioner has undergone a surgery, hence his presence for enquiry may be dispensed with.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the respondent. https://www.mhc.tn.gov.in/judis

Crl.O.P.No.21602 of 2023 RMT.TEEKAA RAMAN, J.

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5. Considering the facts and circumstances and the petitioner has also undergone a surgery, the presence of petitioner is dispensed with till 12.10.2023. Thereafter, the respondent police shall 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 eight weeks from 12.10.2023. 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.

21.09.2023 jai Crl.O.P.No.21602 of 2023 https://www.mhc.tn.gov.in/judis