Madras High CourtCRL OP(MD)/124/2023disposed of

M.Gunasekaran v. The Inspector Of Police

2023-01-05Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD) No.124 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD) No.124 of 2023 M.GUNASEKARAN ... PETITIONER/ACCUSED Vs THE STATE REP. BY, THE INSPECTOR OF POLICE KOTTAMPATTI POLICE STATION, MADURAI DISTRICT.

(CRIME NO.NOT KNOWN OF 2022) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.RAJA A Advocate For Respondent : MR.A.ALBERT JAMES, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER :

FOR ANTICIPATORY BAIL IN CRIME NO.NOT KNOWN OF 2022 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 IPC in Crime No.Not known of 2022, 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. 3.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. 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 https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.124 of 2023 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 de-facto complainant. 5.With the above directions, this Criminal Original Petition is disposed of.

sd/- 05/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CM TO

1. THE INSPECTOR OF POLICE, KOTTAMPATTI POLICE STATION, MADURAI DISTRICT.

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.RAJA A, Advocate ( SR-367[I] dated 09/01/2023 )

ORDER

IN CRL OP(MD) No.124 of 2023 Date :05/01/2023 USK/SSS/SAR-II/11.01.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2