Madras High CourtCRL OP(MD)/988/2023disposed of

R.Kangasabapathi v. The Inspector Of Police

2023-01-19Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD) No.988 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD) No.988 of 2023 R.KANGASABAPATHI ... PETITIONER / ACCUSED (RANK NOT KNOWN) Vs THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL DISTRICT (CRIME NO.NOT KNOWN OF 2022) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.KARUNANITHI.M Advocate For Respondent : MR.P.KOTTAI CHAMY, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 406 of 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 in C.No.126/Camp/Dgl/2022.

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 prima facie case is made out against the petitioner, register the https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.988 of 2023 F.I.R or close the petition enquiry, within a period of two weeks from today. The parties are directed to co-operate 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 defacto complainant.

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

sd/- 19/01/2023 / 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, DINDIGUL DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.KARUNANITHI.M Advocate SR.No.971.

ORDER

IN CRL OP(MD) No.988 of 2023 Date :19/01/2023 pnm MK/BUC/SAR IV(27.01.2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2