Madras High CourtCRL OP/31689/2024disposed of

D Sivabalan v. The State Rep.By, Sub Inspector Of Police

2024-12-19Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2024

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31689 of 2024 D.Sivabalan Petitioner(s) Vs The State Rep.By, Sub-Inspector Of Police K-2, Ayanavaram Police Station, Medavakkam Water Tank Road, Ayanavaram, Chennai.

(Crime No. not known of 2024) Respondent(s) PRAYER: Criminal Original Petition has been filed under Section 482 of B.N.S.S. praying to grant bail to the petitioner in the event of his arrest pending investigation in Crime No. not known of 2024 on the file of the respondent police.

For Petitioner(s):

Ms.Rakshana Velayudhan For Respondent(s):

Mr.S.Santhosh, Govt. Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed by the petitioner seeking anticipatory bail in Crime No.Not known of 2024 registered on the file of the respondent Police, for the alleged offences punishable under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998.

2. When the matter is taken up for hearing today, the learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the petition enquiry is pending against the petitioner.

3. Heard both sides.

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 at the earliest. 2/4

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.

19.12.2024 rpp To

1. The Sub-Inspector Of Police K-2 Ayanavaram Police Station, Medavakkam Water Tank Road, Ayanavaram, Chennai.

2. The Public Prosecutor, High Court, Madras.

3/4

A.D.JAGADISH CHANDRA, J.

rpp Crl.O.P.No. 31689 of 2024 19.12.2024 4/4