Madras High CourtCRL OP(MD)/1326/2023disposed of

Gnanasekaran v. The Inspector Of Police

2023-01-24Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD) No.1326 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD) No.1326 of 2023 GNANASEKARAN ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP BY, THE INSPECTOR OF POLICE T.KALLUPAATI POLICE STATION, MADURAI DISTRICT.

(CRIME NO.NOT KNOWN OF 2023) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.SARAVANAN.N, 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 2023 ON THE FILE OF THE RESPONDENT POLICE.

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 Sections 294(b), 506(ii) of IPC in Crime No. Not known of 2023, 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 CSR No.33 of 2023.

3.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.1326 of 2023

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 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/- 24/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE INSPECTOR OF POLICE T.KALLUPAATI POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.N.SARAVANAN, Advocate ( SR-1066[I] dated 24/01/2023 )

ORDER

IN CRL OP(MD) No.1326 of 2023 Date :24/01/2023 PKP/BUC/SAR-2/31.01.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2