Madras High CourtCRL OP(MD)/22819/2022closed

K.Kamalakannan v. The Sub Inspector Of Police

2022-12-22Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD) No.22819 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.22819 of 2022 K.KAMALAKANNAN ... PETITIONER/ACCUSED NOT KNOWN Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE SOUTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT,.

(CRIME NO.NOT KNOWN OF 2022) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.VENKATESAN.R, Advocate for M/S. RIGHT LAW ASSOCIATES For Respondent : M/S.T.SENTHIL KUMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CR NO.NOT KNOWN OF 2022 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 420 IPC in Crime No.Not known of 2022, seeks 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 petitioner is pending.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing 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 https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.22819 of 2022 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 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 SUB INSPECTOR OF POLICE SOUTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.RIGHT LAW ASSOCIATES, Advocate ( SR-15430[I] dated 23/12/2022 )

ORDER

IN CRL OP(MD) No.22819 of 2022 Date :22/12/2022 RK/BUC/SAR-3(03/01/2023) 2P/4C https://www.mhc.tn.gov.in/judis 2/2