Madras High CourtCRL OP(MD)/5060/2017disposed of

B.Arsath Abdulla v. The State Rep.By

2017-04-25Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5060 of 2017 B.ARSATH ABDULLA ... PETITIONER / ACCUSED / RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE, CCIW,DINDIGUL. IN CRIME NO.NOT KNOWN OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SHEIK ABDULLAH Advocate For Respondent : M/S.S.PRABHA, Government Advocate(Criminal Side), 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 403, 408, 418, 465, 468 and 474 of IPC in Crime No.Not Known of 2016 on the file of the respondent police, seeks anticipatory bail. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent/State.

3.It is stated by the learned counsel for the petitioner that the petitioner is working as a Manager in the Dindigul District Central Co-operative Bank and that proceedings under Section 81 of the Tamil Nadu Co-operative Societies Act has been initiated against him and it has been completed. It is also stated that he filed a writ petition to dispose of his representation and accordingly, this Court by order dated 16.02.2017 in W.P.(MD)No.2663 of 2017 had directed the respondents therein to dispose of the petitioner's representation, where reply has been given by the Registrar of Co-operative Societies rejecting the request of the petitioner and that the petitioner has also challenged the said order of the respondent. He would further submit that the petitioner is ready to co-operate with the enquiry. 4.The learned Government Advocate(Crl. Side) on instructions would submit that there is no case is pending before the respondent police. But the case pending before the Deputy Superintendent of Police, CCIW, Dindigul and alleged threat of arrest is not true, at this stage.

https://hcservices.ecourts.gov.in/hcservices/ 5.In view of the same, this Court is not inclined to grant

anticipatory bail to the petitioner at this stage. Hence, this Criminal Original Petition is disposed of with an observation that the concerned police should not harass the petitioner during the enquiry. The concerned police is directed to either register a case or close the enquiry, as expeditiously as possible. The petitioner is directed to co-operate with the enquiry.

sd/- 25/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2 THE INSPECTOR OF POLICE, CCIW,DINDIGUL.

+1. CC to M/S.M.SHEIK ABDULLAH Advocate SR.No.20988

ORDER

IN CRL OP(MD) No.5060 of 2017 Date :25/04/2017 SVA/KKR/26.04.2017/SAR4/2P/4C https://hcservices.ecourts.gov.in/hcservices/