A.Margic Ali v. The Deputy Superintendent Of Police

CRL OP(MD) No.22797 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD) No.22797 of 2022 1 A.MARGIC ALI 2 HAWA BIWI ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, THANJAVUR.

2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THANJAVUR DISTRICT (CRIME NO.NOT KNOWN OF 2022) ... RESPONDENTS/COMPLAINANTS For Petitioners : M/S.K.RAJESHWARAN, Advocate For Respondents : MR.T.SENTHIL KUMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF 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 petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 323, 324, 294(b), 420 and 506(2) IPC in Crime No.Not known of 2022, seek anticipatory bail.

2.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent Police submitted that petition enquiry against the petitioners is pending. 3.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.

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

CRL OP(MD) No.22797 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 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 disposed of.

sd/- 22/12/2022 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO 1 THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, THANJAVUR.

2 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THANJAVUR DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S RAJESHWARAN.K Advocate SR.No.64231[F]

ORDER

IN CRL OP(MD) No.22797 of 2022 Date :22/12/2022 RS/VR/SAR.3(03.01.2023) 2P-5C https://www.mhc.tn.gov.in/judis 2/2