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Madras High CourtCRL OP(MD)/22254/2022closed

B.Vasanthi v. The Deputy Superintendent Of Police

2022-12-16Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD) No.22254 of 2022 1 B.VASANTHI 2 BHARATH KUMAR ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE DEPUTY SUPERINTENDENT OF POLICE, EOW-II, NAGERCOIL, KANYAKUMARI DISTRICT.

CRIME NO.UNKNOWN OF 2022.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.K.M.APPAJI, Advocate For Respondent : MR.K.SANJAI GANDHI, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. Prayer :-For Anticipatory Bail in Crime No.Unknown 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 406, 420 and 120(b) IPC and Section 5 of TNPID Act in Crime No.Not known 2022 on the file of the respondent Police, seek anticipatory bail. 2.Today, when the matter is taken up for hearing, the learned Government Advocate(Crl.Side) appearing for the respondent Police would submit that the petition enquiry is pending against the petitioners in C.S.R.No.541 of 2022.

3.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 https://www.mhc.tn.gov.in/judis 1/2

F.I.R or close the 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 de-facto complainant. 4.With the above directions, this petition is disposed of. sd/- 16/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DEPUTY SUPERINTENDENT OF POLICE, STATE OF TAMIL NADU, EOW-II, NAGERCOIL, KANYAKUMARI DISTRICT.

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

+1 CC to M/s.APPAJI C.K.M, Advocate ( SR-14991[I] dated 16/12/2022 )

ORDER

IN CRL OP(MD) No.22254 of 2022 Date :16/12/2022 CMR MK/CMR/SAR 1/22.12.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2