Baby John v. The Inspector Of Police

CRL OP(MD) No.22505 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD) No.22505 of 2022 BABY JOHN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP. BY,

1. THE INSPECTOR OF POLICE CYBER CRIME WING, DISTRICT CRIME BRANCH, SUPERINTENDENT OF POLICE OFFICE, KANYAKUMARI DISTRICT AT NAGERCOIL.

CRIME NO.NOT KNOWN OF 2022.

2. THE INSPECTOR OF POLICE NITHIRAVILAI POLICE STATION.

KANYAKUMARI DISTRICT.

CRIME NO.NOT KNOWN OF 2022.

... RESPONDENTS/COMPLAINANTS For Petitioner : M/S.MARIOJOHNSON.D, Advocate For Respondent : MR.K.SANJAI GANDHI, Govt. Advocate ( Crl. Side) 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 petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 153(A), 505(i) of IPC and Section 67 of IT Act in Crime No. Not known of 2022, 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 petition enquiry against the petitioner is pending in C.P/C.S.R.No.92/3726/SP/KKI/2022.

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

CRL OP(MD) No.22505 of 2022 3.Heard the learned counsel for the petitioner 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 petitioner and the petitioner is 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 petitioner, 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/- 20/12/2022 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. THE INSPECTOR OF POLICE CYBER CRIME WING, DISTRICT CRIME BRANCH, SUPERINTENDENT OF POLICE OFFICE, KANYAKUMARI DISTRICT AT NAGERCOIL.

2. THE INSPECTOR OF POLICE NITHIRAVILAI POLICE STATION.

KANYAKUMARI DISTRICT.

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

+1 CC to M/s.MARIOJOHNSON D, Advocate(SR-15174[I] dated 20/12/2022 )

ORDER

IN CRL OP(MD) No.22505 of 2022 Date :20/12/2022 PKP/MMS/SAR-1/04.01.2023/2P/5C https://www.mhc.tn.gov.in/judis 2/2