M.J.Ausbon v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.21574 of 2022 M.J.Ausbon

...Petitioner/Accused

-vsState rep.by The Inspector of Police, Alwarkurichi Police Station, Tenkasi District.

(Crime No.Not Known/2022)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner/accused on bail in the event of arrest in unknown Cr.No.Not Known of 2022 pending investigation on the file of the respondent Police. For Petitioner : Mr.D.Venkatachalam, Advocate For Respondent : Mr.P.Kottai Samy Government Advocate (Crl.side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 506(i) of IPC in Crime No. Not known, seeks 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 the petition enquiry is pending against the petitioner in Current Paper No.Sp.G.P-23/G4/39469/22, dated 14.11.2022.

3.The learned Counsel for the petitioner submitted that the respondent police is harassing the petitioner under the guise of enquiry.

4.Considering the facts and circumstances, the respondent police is directed to conduct enquiry and if any prima facie case is made out against the petitioner, register the F.I.R or close the https://www.mhc.tn.gov.in/judis

petition enquiry within a period of two weeks from today. 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 defacto complainant.

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

Sd/- 06/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

cmr To

1. THE INSPECTOR OF POLICE, ALWARKURICHI POLICE STATION, TENKASI DISTRICT.

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

+1. CC to M/S.VENKATACHALAM D Advocate SR.No.14494

ORDER

IN CRL OP(MD) No.21574 of 2022 Date :06/12/2022 SP/BUC/SAR IV/12/12/2022/2P/4C https://www.mhc.tn.gov.in/judis