Madras High CourtCRL OP(MD)/10082/2023disposed of

G.Ganesh v. The Inspector Of Police

2023-06-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD) No.10082 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.10082 of 2023 1 G.GANESH 2 DEEPALAKSHMI ... PETITIONER/ACCUSED No.1&2 Vs 1 THE STATE REP.BY, THE INSPECTOR OF POLICE GANESH NAGAR POLICE STATION PUDUKOTTAI DISTTRICT CRIME NO.NOT KNOWN OF 2023.

...RESPONDENT NO.1/COMPLAINANT 2 S.NARASIMMAN ... RESPONDENT NO.2/ DEFACTO COMPLAINANT For Petitioner : M/S.RAVI.M Advocate For Respondent : M/S.THANGA ARAVINDH.B Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO.NOT KNOWN /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 294(b), 379(NP) and 506(i)IPC 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.10082 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 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.

5.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. 6.With the above directions, this criminal original petition is disposed of.

sd/- 09/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE INSPECTOR OF POLICE GANESH NAGAR POLICE STATION PUDUKOTTAI DISTTRICT.

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

ORDER

IN CRL OP(MD) No.10082 of 2023 Date :09/06/2023 RK/MMS/SAR- (19/06/2023) 2P/3C https://www.mhc.tn.gov.in/judis 2/2