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Madras High CourtCRL OP(MD)/22396/2016closed

Muthalagan v. The Inspector Of Police

2017-02-17Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.22396 of 2016 MUTHALAGAN ... PETITIONER/ACCUSED NO.1 Vs THE STATE REP.BY , THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT, CRIME NO.NOT KNOWN OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.RAMAKRISHNAN Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) For Intervenor : M/S.C.GODWIN, Advocate 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, 427, 447 and 506(i) of IPC., in Crime No.Not Known of 2016, seeks anticipatory bail.

2. On the earlier occasion ie., on 20.02.2017, this Court directed the respondent Police, to appear before this Court along with enquiry records.

3. Today, the Inspector of Police, Marthandam Police Station, Kanyakumari District, who joined recently, appeared before this Court and states that the earlier complaints lodged against the accused by the defacto complainant is still pending.

4. Hence, the respondent is directed either to register the FIR or close the enquiry, as expeditiously as possible. The respondent should not harass the petitioner during enquiry. The petitioner is directed to co-operate with the investigation of the case.

5. With the above observation this Criminal Original Petition stands closed.

6. The Assistant Superintendent of Police, Takalai, is directed to initiate disciplinary proceedings against one Muthuraj, the Inspector of Police, Marthandam Police Station, who failed to conduct an enquiry and file the status report before this Court, as https://hcservices.ecourts.gov.in/hcservices/

per the order dated 25.11.2016 in this case and to submit action taken report to the Registry, within a month. sd/- 17/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT 2 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO: THE ASSISTANT SUPERINTENDENT OF POLICE, TAKALAI.

+1. CC to M/S.S.RAMAKRISHNAN Advocate SR.No.9179 +1. CC to M/S.C.GODWIN Advocate SR.No.9130 MPK CSL/PM-PN/SAR-II/22.02.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.22396 of 2016 Date :17/02/2017 https://hcservices.ecourts.gov.in/hcservices/