Madras High CourtCRL OP(MD)/4891/2023disposed of

Shanmugam v. The Inspector Of Police

2023-03-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD) No.4891 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.4891 of 2023 1 SHANMUGAM 2 SENTHILVEL 3 PACKIYA ... PETITIONERS/ACCUSED RANKS NOT KNOWN Vs The state rep.by THE INSPECTOR OF POLICE THIRUPPATTUR TOWN POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO. NOT KNOWN OF 2023. ... RESPONDENT/COMPLAINANT For Petitioner : N.GAYATHRI, Advocate For Respondent : M/S.R.M. ANBUBITHI, Additional Public Prosecutor.

For Intervenor : M/S.P.M. VISHNUVARTHANAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of 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 :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498 (A) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 1998 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 no case/petition is pending against the petitioners before the Thiruppattur Town Police Station, Sivagangai District. Further, on the complaint lodged by the de-facto complainant, only the case is pending before the Inspector of Police, Natchiyapuram Police Station, Sivagangai District.

3.Heard the learned counsel for the petitioners, the learned https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.4891 of 2023 Government Advocate (Crl. side) for the respondent police and the learned counsel for the intervenor.

4.Considering the facts and circumstances, the Inspector of Police, Natchiyapuram Police Station, Sivagangai District, has to issue notice under Section 41(A) of Cr.P.C to the petitioners and the petitioners are directed to appear before the Natchiyapuram Police Station, Sivagangai District 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/- 15/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE INSPECTOR OF POLICE THIRUPPATTUR TOWN POLICE STATION, SIVAGANGAI DISTRICT.

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

copy to:

The Inspector Of Police, Natchiyapuram Police Station, Sivagangai District.

+1. CC to M/S.N.GAYATHRI Advocate SR.No.4386(I) +1. CC to M/S.P.M. VISHNUVARDHANAN Advocate SR.No.4229(I)

ORDER

IN CRL OP(MD) No.4891 of 2023 Date :15/03/2023 VA/BUC/SAR-3/(27.03.2023)/2P/6C https://www.mhc.tn.gov.in/judis 2/2