Madras High CourtCRL OP(MD)/3765/2023disposed of

S.Mohamed Iqbal v. The Inspector Of Police

2023-03-01Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD) No.3765 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD) No.3765 of 2023 1 S.MOHAMED IQBAL 2 S.YASHMIN 3 JAITHOON ... PETITIONER/ACCUSED RANK NOT KNOWN Vs The state rep.by THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION (FORT) TRICHY CITY.

(CRIME NO.NOT KNOWN OF 2023) ... RESPONDENT/COMPLAINANT For Petitioner : R. MOHAMED RIYAZ, Advocate For Respondent : M/S.A.ALBERT JAMES, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER :- For Anticipatory Bail in Crime Not Known of 2023 on the file of the respondent police.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 498 (A) of 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 in CP No.870/CM/CELL/DCP/N/TRC/2022.

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

CRL OP(MD) No.3765 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 petitioners and the petitioners are 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 petitioners, 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/- 01/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION FORT TRICHY CITY.

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

ORDER

IN CRL OP(MD) No.3765 of 2023 Date :01/03/2023 VA/RG/SAR-2/(08.03.2023)/2P/3C https://www.mhc.tn.gov.in/judis 2/2