Madras High CourtCRL OP(MD)/1522/2023disposed of

K.Gurunathan v. The Inspector Of Police

2023-01-27Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P(MD)No.1522 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2023

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.1522 of 2023 1.K.Gurunathan 2.M.Sankar

...Petitioners/Accused Rank

Not known -vsThe State rep.by, The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli District (Crime No.Not known of 2023)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying for anticipatory bail for the petitioner in Crime No.Not known of 2023.

For Petitioners : Mr.D.Anbarasu, Advocate For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl.side) ****

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(i) of IPC in Crime No. Not known, 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 the petition enquiry is pending against the petitioners.

3. The learned Counsel for the petitioners submitted that the respondent police is harassing the petitioners under the guise of enquiry.

4. Considering the facts and circumstances, the respondent police is directed to conduct enquiry 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 https://www.mhc.tn.gov.in/judis 1/2

CRL.O.P(MD)No.1522 of 2023 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/- 27/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CM TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

+1. CC to M/S. ANBARASU.D Advocate SR.No.1404(I)

ORDER

IN CRL OP(MD) No.1522 of 2023 Date :27/01/2023 VA/SBN/SAR-2/14.02.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2