Madras High CourtCRL OP(MD)/3703/2017ordered

Bakkeer Mydeen v. The Deputy Superintendent Of

2017-03-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3703 of 2017 1 BAKKEER MYDEEN 2 MASUTHU ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, PULIYANKUDI POLICE STATION, TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE KADAYANALLUR POLICE STATION, TIRUNELVELI DISTRICT, IN CRIME NO. NOT KNOWN OF 2017 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.J.C.RATHINAVELPANDIAN Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) For Intervenor : Mr.R.RAMASAMY, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b) and 506(ii) of I.P.C in Crime No.Not Known of 2017 on the file of the respondent police, seek anticipatory bail. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent/State.

3.The learned Government Advocate(Crl. Side) on instructions would submit that no F.I.R is registered and no F.I.R is pending against the petitioners, but the petition enquiry alone is pending in C.S.R.No.60 of 2017 and alleged threat of arrest is not true, at this stage.

4. However, the learned counsel appearing for the petitioners submitted that the police is harassing the petitioners during enquiry.

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5.The learned counsel appearing for the defacto complainant/intervenor sought for time and the defacto complainant may also be called for enquiry.

6. In view of the same, this Court is not inclined to grant anticipatory bail to the petitioners at this stage. Hence, this Criminal Original Petition is disposed of with an observation that the respondent police should not harass the petitioners during the enquiry. The respondent police is directed to either register a case or close the enquiry, as expeditiously as possible. Both the parties are directed to co-operate with the enquiry.

sd/- 28/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DEPUTY SUPERINTENDENT OF POLICE, PULIYANKUDI POLICE STATION, TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE KADAYANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to Mr.R.RAMASAMY Advocate SR.No.18517 +1cc to M/S.J.C.RATHNAVEL PANDIAN, ADVOCATE SR.No. 19000

ORDER

IN CRL OP(MD) No.3703 of 2017 Date :28/03/2017 MS/KKR/SAR.4/03.04.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/