Madras High CourtCRL OP(MD)/6970/2020disposed of

R.Prasanth v. The Superintendent Of Police

2020-07-03Honourable Dr Justice G. Jayachandran2 pages

CRL OP(MD). No.6970 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.6970 of 2020 R.PRASANTH ... PETITIONER/ACCUSED VS 1.THE SUPERINTENDENT OF POLICE, TENKASI, TENKASI DISTRICT.

2.THE INSPECTOR OF POLICE, S.P.OFFICE, TENKASI.

CRIME NO.NOT KNOWN OF 2020 ... RESPONDENT/COMPLAINANT For Petitioner : M/s.R.Ramesh, Advocate.

For Respondents : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. not known of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- Persued the complaint and the petition for anticipatory bail.

2. On the complaint given by one Eswari, the petitioner was called to attend enquiry on 06.07.2020. According to the complaint the petitioner who was in affair with the defacto complainant has taken some photos in a compromising position and now trying to intimidate the defacto complainant for extracting money.

3. Contrarily the petitioner herein would submit that just to threaten the petitioner herein and to silent the petitioner from revealing the love affair with her the present petition is filed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6970 of 2020

4. In any event since the complaint and the counter allegations indicates that it is not a case for arrest without warrant. The respondent police has only issued summons under Section 41(A) of Cr.P.C for the petitioner herein to participate in the enquiry. In such circumstances it is suffice to direct the respondent not to harass the petitioner and to arrest him unless and until grounds of arrest is made out as contemplated under Section 41(A)(3) of Cr.P.C.

5. Taking note of the fact that the defacto complainant belongs to Tiruvallur District which is now under complete lock down and it is difficult for the petitioner to appear before the investigating officer for enquiry in response to the summons issued under Section 41(A)of Cr.P.C on 06.07.2020, the respondent police shall issue fresh summons to the petitioner after lockdown imposed in the Tiruvallur District is completely relaxed.

sd/- 03/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE SUPERINTENDENT OF POLICE TENKASI, TENKASI DISTRICT.

2 THE INSPECTOR OF POLICE S.P.OFFICE, TENKASI.

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

ORDER

IN CRL OP(MD) No.6970 of 2020 Date :03/07/2020 AAV JM/PN/SAR 2/06.07.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2