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Madras High CourtCRL OP(MD)/793/2021disposed of

K.M.A.Abdul Khadar @ Sheik Abdul Khadar v. The Inspector Of Police

2021-01-29Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.793 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/01/2021 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.793 of 2021 1.K.M.A.Abdul Khadar @ Sheik Abdul Khadar 2.K.M.A.Mohammed Rafeek @ M.AbdulRafeek ... Petitioners/Accused No.2&3 Vs The State rep. by The Inspector of Police, District Crime Branch, Dindigul District.

(Crime No.7/2018). ... Respondent For Petitioner : Mr.KA.Raamakrishnan, Advocate For Respondent : Mr.A.Robinson, Government Advocate (Criminal Side) For Intervener : Mr.Sarvagan Prabhu, Advocate PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C Prayer:

For Anticipatory Bail in Crime No. 7 of 2018 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned Counsel for the petitioner and the learned Government Advocate appearing for the respondent. 2.The petitioners apprehending arrest at the hands of the respondent, seek anticipatory bail.

3.The learned Government Advocate informs the Court that not satisfied with the investigation done by the original Investigation Officer, the same was transferred to the Deputy Superintendent of Police at the instance of this Court. The investigation is still pending. As on the date, the petitioners have not been arrayed as accused and their status will be known only after a while. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.793 of 2021 4.It is seen that the FIR was registered way back in 2018. Therefore, the new Investigating Officer is mandated to conclude the investigation within a period of eight weeks from the date of receipt of a copy of this order. If at the end of the investigation, the petitioners are roped in as accused, the prosecution will put the petitioners on notice and gave them sufficient time, so as to enable the petitioners will move this Court seeking anticipatory bail.

5.With the above directions, this Criminal Original Petition is disposed of.

sd/- 29/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.793 of 2021 Date :29/01/2021 CMR SRS/SMA/SAR-III/04.02.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2