K.Selvam v. State Rep.By

Crl.O.P.No.23232 of 2023 Crl.O.P.No.23232 of 2023 C.V.KARTHIKEYAN, J.

The petitioner/second accused who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323, 341, 406, 409, 420, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and 66 E of Information Technology Act 2000 in Crime No.389 of 2023, seeks anticipatory bail.

2. The Petitioner is A-2/ Manager, Kanchipram Central Cooperative Bank, Uthiramerur. The allegation against him is that he added the first accused to open locker No.4 of the defacto complainant.

3. Let me not enter into any further discussion since it also stated in the counter affidavit that notice under Section 41-A Cr.P.C., was issued to the petitioner and a questionnaires was also given but he did not come forward to answer but rather sent the answers through courier. The investigation can never proceed in that particular manner.

4. An obligation of the petitioner to appear before the respondent once notice is issued under Section 41-A Cr.P.c., is paramount in nature. The Court cannot grant anticipatory bail at this juncture. 1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.23232 of 2023 C.V.KARTHIKEYAN , J.

vsg

5. Accordingly, this Criminal Original Petition stands dismissed. A direction is given to participate in the enquiry and if need arises to file a fresh application seeking anticipatory bail giving that particular liberty to the petitioner.

6. It is also further stressed by the learned counsel for the petitioner that the entire property had been recovered from the first accused and that he worked in the particular branch in the year 2021 and even in the year 2022 subsequently, the defacto complainant had opened the locker and had given a complainant only in the year 2023. 02.11.2023 vsg Crl.O.P.No.23232 of 2023 1/2 https://www.mhc.tn.gov.in/judis