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Madras High CourtCRL OP(MD)/4138/2020disposed of

V.Syed Ali Fathima v. The Inspector Of Police

2020-03-05Honourable Dr Justice G. Jayachandran2 pages

CRL OP(MD). No.4138 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/03/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.4138 of 2020

1. V.Syed Ali Fathima

2. Vijayakumar ... Petitioners 1 and 2/ Accused Number not known Vs State Represented by The Inspector of Police, Arupukkottai Police Station, Virudhunagar District (Crime No. Not known of 2020). ... Respondent/Complainant For Petitioners : M/s.S.Sivaprakash, Advocate.

For Respondent : S.Chandrasekar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No. of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2.The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 406 & 420 of I.P.C., in Crime No.Not Known of 2020 on the file of the respondent police, seek anticipatory bail.

https://hcservices.ecourts.gov.in/hcservices/ 3.Pursuant to the direction issued by the learned Judicial 1/2

CRL OP(MD). No.4138 of 2020 Magistrate, Aruppukkottai, the respondent police cause notice to the petitioners herein to enquire about the complaint given by the defacto complainant against the petitioners. The petitioners have not respondented to the summon. But had approached this Court for anticipatory bail.

4.The allegation in the private complaint, which has been filed under Section 56(3) Cr.P.C., is that the petitioners herein have borrowed money from the complainant promising to repay it with interest. But failed to pay the principal and interest. When the defacto complainant demanded the money back, the petitioners have abused the defacto complainant with filthy language. 5.The learned Magistrate who forwarded the complainant for investigation, has rightly pointed out that preliminary enquiry shall be conducted and if there is material to take cognizance of any offence, shall registered a case and conducted investigation, in accordance with law.

6.In the said circumstances, since the petitioners have not cooperated for the preliminary enquiry, the respondent police is not able to comply with the direction of the Judicial Magistrate. Hence, it would suffice to direct the petitioners to appear before the respondent police on 12.03.2020 and participate in the enquiry. If there is any material to take cognizance, then the respondent police shall register a case and proceed, in accordance with law. 7.With the above observations, this criminal original petition is disposed of.

sd/- 05/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, ARUPUKKOTTAI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER IN CRL OP(MD) No.4138 of 2020 Date :05/03/2020 GNS TE/JC/SAR-III : 10/03/2020 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2