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Madras High CourtCRL OP(MD)/14317/2021closed

P.Radha Krishnan v. The Inspector Of Police

2021-10-21Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD).No.14317 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/10/2021 PRESENT The Hon'ble Mr.Justice B.PUGALENDHI CRL OP(MD).No.14317 of 2021 P.Radha Krishnan, ... Petitioner/Accused No.

Rank Not Known Vs.

State through The Inspector of Police, Salaigramam Police Station, Sivagangai District.

Cr.No. Not Known of 2021 ... Respondent/Complainant For Petitioner : Mr.Malaikani.S, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory bail in Crime. No. Not known of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- Apprehending arrest at the hands of the respondent in Crime No.Not Known of 2021 for the offence under Sections 294(b) and 506 (i) of IPC, the petitioner seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner is an innocent person and there is no cognizable offence made out as against this petitioner.

3.Considering the facts and circumstances of the case, this Court granted interim anticipatory bail to the petitioner and posted the matter today for filing report on the side of the respondent police.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that the complainant has not turned

CRL OP(MD).No.14317 of 2021 up for investigation. The complaint is lodged through online with fake address. Hence, the respondent police could not be identify the complainant and the petitioner's petition is still pending at the enquiry stage itself.

5.It is not known as to how the respondent police is keeping the petition enquiry pending for months together that too based on a complaint, which has been received through online. The Director General of Police has issued a circular directing the police to conclude the petition enquiry within a period of 15 days. But it appears that the complaint is kept pending for more than a month. 6.Even according to the learned Government Advocate (Crl.side), the de-facto complainant has made a complaint with fake address and therefore this Criminal Original Petition is closed, since there is no apprehension arrest for the petitioner as on date. sd/- 21/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

vsd 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 INSPECTOR OF POLICE, SALAIGRAMAM POLICE STATION, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.S.MALAIKANI, Advocate (SR-7321[I] dated 22/10/2021)

ORDER

IN CRL OP(MD) No.14317 of 2021 Date :21/10/2021 https://hcservices.ecourts.gov.in/hcservices/ SB/JM/SAR-I/15.11.2021/2P/4C