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Madras High CourtCRL OP/29541/2024disposed of

P.L.Kandaswamy v. The Inspector Of Police

2024-12-02Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.No.29541 of 2024 Crl.O.P.No.29541 of 2024 A.D.JAGADISH CHANDIRA , J.

Apprehending arrest in connection with Crime No.Not Known of 2024 registered for the offences punishable under Sections 120(b) and 378 IPC r/w 61(2) and 303(2) BNS 2024, the present petition has been filed by the petitioners seeking 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 the petition enquiry in C.S.R.No.329 of 2024 is pending against the petitioners.

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

Crl.O.P.No.29541 of 2024 A.D.JAGADISH CHANDIRA , J.

4. Recording the submission made by the learned Government Advocate (Crl.Side), it is hereby directed that the respondent police has to issue notice under Section 35 of BNSS 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 petitioner, register the F.I.R or close the petition enquiry at the earliest.

5. 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.

6. With the above directions, this Criminal Original Petition stands disposed of.

02.12.2024 Crl.O.P.No.29541 of 2024 https://www.mhc.tn.gov.in/judis