Madras High CourtCRL OP(MD)/22313/2022closed

K.Kathirvel v. The Inspector Of Police

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

CRL OP(MD) No.22313 of 2022 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.22313 of 2022 1 K.KATHIRVEL 2 NAGESWARI 3 KASIRAJAN ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR.

(CRIME NO.NOT KNOWN OF 2022).

... RESPONDENT/COMPLAINANT For Petitioner : M/S.PORKODI KARNAN, Advoate for M/S.POLAX LEGAL SOLUTIONS Advocate For Respondent : MR.K.SANJAI GANDHI, Govt. Advocate ( Crl. Side) For Intervenor :

MR.M.KUBENDRAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 506(ii) 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 in C.P/C.S.R.No.47427/2270/2022.

3.Heard the learned counsel for the petitioners and the learned Government Advocate (crl.side) for the respondent. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.22313 of 2022

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 today. The parties are directed to co-operate 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/- 16/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR.

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

+1 CC to M/s.POLAX LEGAL SOLUTIONS, Advocate ( SR-15029[I] dated 16/12/2022 )

ORDER

IN CRL OP(MD) No.22313 of 2022 Date :16/12/2022 USK/SSS/SAR-III/23.12.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2