Madras High CourtCRL OP(MD)/8493/2023allowed

John Peter v. The Inspector Of Police

2023-05-04Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.8493 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/05/2023 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.8493 of 2023

1. John Peter

2. S.Bastin

3. S.Grace Mary ... Petitioners/Accused Vs State Rep.by The Inspector of Police, Tiruverumbur Taluk, Tiruchirappalli District.

Crime No. of 2023..

... Respondent/Complainant For Petitioner : M/s.Banumathy T,Advocate.

For Respondent : Mrs.Aasha, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A) of IPC, Section 4 of Women Harassment Act and Section 4 of DP Act, 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 petition enquiry is pending against the petitioners. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.8493 of 2023 3.Heard the learned counsel for the petitioners and the learned Government Advocate (crl.side) for the respondent.

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

CP TO THE INSPECTOR OF POLICE TIRUVERUMBUR TALUK, TIRUCHIRAPPALLI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.BANUMATHY T, Advocate ( SR-7191[I] dated 04/05/2023 )

ORDER

IN CRL OP(MD) No.8493 of 2023 Date :04/05/2023 PKP/VR/SAR-3/09.05.2023/ 2P/4C https://www.mhc.tn.gov.in/judis 2/2