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Madras High CourtCRL OP/23398/2023dismissed

Kaliyamoorthy v. Inspector Of Police

2023-10-11Honourable Mr Justice C.V. Karthikeyan3 pages

C.V.KARTHIKEYAN , J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 409, 420, 465, 468, 471 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 petitioner is pending in C.S.R.No.740 of 2023.

3.Heard the learned counsel for the petitioner 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 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 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 dismissed with liberty to file fresh petition if needed. 11.10.2023 gd

C.V.KARTHIKEYAN , J.

gd 11.10.2023