Madras High CourtCRL OP(MD)/6676/2017ordered

M.Rajageethan v. The Inspector Of Police

2017-06-06Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6676 of 2017 M.RAJAGEETHAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP.BY, THE INSPECTOR OF POLICE VADIPATTI POLICE STATION, MADURAI DISTRICT CRIME NO. NOT KNOWN OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.ANBARASU Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(ii) IPC in Crime No.Not Known of 2017 on the file of the respondent police, seeks anticipatory bail. 2.Heard the learned counsel appearing for the petitioner 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 petitioner, but the petition enquiry alone is pending and alleged threat of arrest is not true, at this stage.

4. However, the learned counsel appearing for the petitioner submitted that the petitioner has given a sum of Rs.50,000/- as loan to the defacto complainant. When it was sought to repay, the defacto complainant has given this false complaint. The petitioner has also given a complaint against the defacto complainant. Since the defacto complainant is an influential person, the petitioner may be arrested at any time. The police is also harassing the petitioner during enquiry.

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5. In view of the above submission, this Court is not inclined to grant anticipatory bail to the petitioner at this stage. However, this Criminal Original Petition is disposed of with an observation that the respondent police should not arrest and harass the petitioner during the enquiry. The respondent police is directed to either register a case or close the enquiry, as expeditiously as possible. The petitioner is directed to co-operate with the enquiry. sd/- 06/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, VADIPATTI POLICE STATION,MADURAI DISTRICT.

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

+1. CC to M/S.D.ANBARASU Advocate SR.No.23216 GCG CSL/PM-PN/SAR-I/12.06.2017 : 2P/4C

ORDER

IN CRL OP(MD) No.6676 of 2017 Date :06/06/2017 https://hcservices.ecourts.gov.in/hcservices/