Madras High CourtCRL OP(MD)/22620/2022disposed of

R.Arivumani v. The Inspector Of Police

2022-12-23Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P(MD)No.22620 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2022 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.22620 of 2022 R.Arivumani ... Petitioner -vsState represented by The Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

(in Cr.No.Not Known of 2022) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of his arrest by the respondent Police with respect to Cr.No.Not Known of 2022.

For Petitioner : Mr.H.Mohammed Imran, Advocate for M/s.Ajmal Associates For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl.side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Section 294(b) and 506(i) of IPC 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 submitted that the petition enquiry is pending against the petitioner in C.S.R.No.850 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 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 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. https://www.mhc.tn.gov.in/judis 1/2

CRL.O.P(MD)No.22620 of 2022 4.With the above directions, this petition is disposed of. sd/- 23/12/2022 / TRUE COPY / /01/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

cmr To 1.The Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.22620 of 2022 Date :23/12/2022 RS/VR/SAR.1(04.01.2023) 2P-3C https://www.mhc.tn.gov.in/judis 2/2