Madras High CourtCRL OP(MD)/1205/2023disposed of

Balasubramani v. The Inspector Of Police

2023-01-23Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD) No.1205 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD) No.1205 of 2023 1 BALASUBRAMANI 2 PUGALENDHI ... PETITIONERS/ACCUSED(RANK NOT KNOWN) Vs The State rep.by, THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KARUR DISTRICT.

(CRIME NO.NOT KNOWN OF 2023) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.MATHIYALAGAN.R. Advocate For Respondent : M/S.KOTTAI CHAMY P, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(ii) IPC in Crime.No.Not known of 2023, seek 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 petitioners is pending. 3.Heard the learned counsel for the petitioners 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 petitioners and the petitioners are directed to appear before the https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.1205 of 2023 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 petitioners, 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/- 23/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.1205 of 2023 Date :23/01/2023 VA/MMS/SAR-4/02.02.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2