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Madras High CourtCRL OP(MD)/4401/2023ordered

S Arun Kallapiran @ Manikandan v. The Inspector Of Police

2023-03-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD) No.4401 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.4401 of 2023 1 S ARUN KALLAPIRAN @ MANIKANDAN 2 RAJAMMAL ... Petitioners / Accused (Rank not known) Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALAYAMKOTTAI, TIRUNELVELI CITY.

(CRIME NO. NOT KNOWN OF 2023) ... Respondent / Complainant For Petitioner : M/S.JOTHI BASU.M, Advocate For Respondent : Mr.R.M.ANBUNITHI, Additional Public Prosecutor ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO. NOT KNOWN /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 offences punishable under Sections 498(A) 506(i) of IPC and Section 4 of TNPHW Act in Crime.No.Not known of 2023, seek anticipatory bail.

2.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent Police submitted that petition enquiry against the petitioners . 3.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.4401 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 the date of receipt of a copy of this order. The parties are directed to cooperate 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/- 08/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV To 1.The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli City.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S. JOTHI BASU.M Advocate SR.No.3668 (I) dated 08.03.2023

ORDER

IN CRL OP(MD) No.4401 of 2023 Date :08/03/2023 ED/MMS/SAR-3 (14/03/2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2