Madras High CourtCRL OP(MD)/21173/2022disposed of

Kalimuthu v. The Inspector Of Police

2023-02-08Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD) No.21173 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD) No.21173 of 2022 1 KALIMUTHU 2 MAHESWARI 3 KALIESWARI ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REP BY, THE INSPECTOR OF POLICE THIRUPUVANAM POLICE STATION, SIVGAGANGAI DISTRICT (CRIME NO. NOT KNOWN OF 2022) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.BALAKRISHNAN.R Advocate For Respondent : MR.M.VEERANTHIRAN, Govt. Advocate ( Crl. Side) For Intervenor : MR.S.MUTHUKALAI RAJA, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO.NOT KNOWN OF 2022 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), 506(ii) and 379(NP) of IPC in Crime.No.Not known of 2022, 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 against the petitioners is pending. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.21173 of 2022 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 take any coercive steps to secure the accused till the completion of enquiry on the complaint lodged by the de-facto complainant.

5.With the above directions, this Criminal Original Petition is disposed of.

sd/- 08/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE INSPECTOR OF POLICE THIRUPUVANAM POLICE STATION, SIVGAGANGAI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.MUTHUMALAIRAJA, Advocate ( SR-2109[I] dated 10/02/2023 )

ORDER

IN CRL OP(MD) No.21173 of 2022 Date :08/02/2023 PKP/BUC/SAR-3/14.02.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2