Madras High CourtCRL OP(MD)/8204/2023disposed of

Pothiraj v. The Inspector Of Police

2023-04-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD) No.8204 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.8204 of 2023 POTHIRAJ ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP. BY THE INSPECTOR OF POLICE, PANDALGUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

CR.NO NOT KNOWN OF 2023 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.MUNEESWARAN.B Advocate For Respondent : M/S.R.M.ANBUNITHI, Additional Public Prosecutor(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 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 petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 of IPC in Crime.No.Not known of 2023, seeks anticipatory bail. 2.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent Police submitted that petition enquiry against the petitioner is pending. 3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.8204 of 2023

4. Considering the facts and circumstances, the respondent police has to issue notice under Section 41(A) of Cr.P.C to the petitioner and the petitioner is directed to appear before the respondent police 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 petitioner, 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/- 28/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RMK TO 1 THE INSPECTOR OF POLICE, PANDALGUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.MUNEESWARAN.B, Advocate ( SR-7045[I] dated 28/04/2023 )

ORDER

IN CRL OP(MD) No.8204 of 2023 Date :28/04/2023 NA/VR/SAR-2/16.05.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2