Madras High CourtCRL OP(MD)/2310/2023ordered

A.Shunmuga Kandavel v. The Inspector Of Police

2023-02-06Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD) No.2310 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD) No.2310 of 2023 A.SHUNMUGA KANDAVEL ... PETITIONER / SOLE ACCUSED Vs THE STATE REP BY, THE INSPECTOR OF POLICE SANKARALINGAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO. NOT KNOWN OF 2023. ... RESPONDENTS / COMPLAINANT For Petitioner : M/S.JANARTHKUMAR @ JANATH AHMEDB 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 :- 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 petitioner.

2.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 cooperate with the enquiry. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.2310 of 2023 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. 3.With the above directions, this petition is disposed of. sd/- 06/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CMR TO 1 THE INSPECTOR OF POLICE SANKARALINGAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.B.JANARTHKUMAR, Advocate ( SR-1918[I] dated 07/02/2023 )

ORDER

IN CRL OP(MD) No.2310 of 2023 Date :06/02/2023 PKP/ /SAR-4/10.02.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2