Madras High CourtCRL OP(MD)/292/2023disposed of

S.Mukesh v. The Inspector Of Police

2023-01-06Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P(MD)No.292 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.292 of 2023 S.Mukesh

...Petitioner/

Accused Rank not known -vsThe State represented by The Inspector of Police, District Crime Branch Police Station, Trichy District.

(in Cr.No.Not known of 2023)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of his arrest by the respondent Police with respect to Cr.No.Not known of 2023.

For Petitioner : Mr.C.Jeganathan, Advocate For Respondent : Mr.P.Kottai Chamy Government Advocate (crl.side) ****

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 406, 408 and 420 of IPC in Crime No.Not known of 2023 on the file of the respondent Police, 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 the petition enquiry is pending against the petitioner in G4/4838/2022, C.No.248/G4/DCB/DSP/TR122. 3.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 de-facto complainant. https://www.mhc.tn.gov.in/judis 1/2

CRL.O.P(MD)No.292 of 2023 4.With the above directions, this petition is disposed of. sd/- 06/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.292 of 2023 Date :06/01/2023 RK/BUC/SAR-2 (24/01/2023) 2P/3C https://www.mhc.tn.gov.in/judis 2/2