Madras High CourtCRL OP(MD)/23122/2022disposed of

K.S.Thangapandi v. The Superintendent Of Police

2023-01-02Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P(MD)No.23122 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.23122 of 2022 K.S.Thangapandi ... Petitioner/Accused Rank Not Known -vs1. The State represented by The Superintendent of Police, Sivagangai District.

2. The Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

3. The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District.

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

For Petitioner : Mr.N.Ganesh, Advocate For Respondents : Mr.T.Senthil Kumar Additional Government Pleader ****

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 500 and 505 of IPC in Crime No.not known 2022 on the file of the respondent Police, 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 the petition enquiry is pending against the petitioner in C.S.R.No.162 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 https://www.mhc.tn.gov.in/judis 1/2

CRL.O.P(MD)No.23122 of 2022 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. 4.With the above directions, this petition is disposed of. sd/- 02/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CMR TO

1. THE SUPERINTENDENT OF POLICE, SIVAGANGAI DISTRICT.

2. THE DEPUTY SUPERINTENDENT OF POLICE, THIRUPPATHUR, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, THIRUPPATHUR TOWN POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.GANESH N Advocate SR.No.57 (F).

ORDER

IN CRL OP(MD) No.23122 of 2022 Date :02/01/2023 USK/VR/SAR-II/09.01.2023/2P/6C https://www.mhc.tn.gov.in/judis 2/2