B. Rajesh v. The Inspector of Police

CRL OP(MD) No.5934 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.5934 of 2023 1 B.RAJESH 2 R.VASUKI ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs THE STATE REP BY, THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THANJAVUR DISTRICT. CRIME NO. NOT KNOWN OF 2023 ... RESPONDENT/ COMPLAINANT For Petitioner : MR.M.P SENTHIL Advocate For Respondent : MR.B.THANGA ARAVINDH, Govt. Advocate ( Crl. Side) For Defacto Complainant: MR.T.PRABHU, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. Prayer: FOR ANTICIPATORY BAIL IN CRIME NO. NOT KNOWN OF 2023 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 offence punishable under Section 406 of IPC in Crime.No.Not known of 2023, 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 petition enquiry against the petitioners .

3.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl.Side) for the respondent. CRL OP(MD) No.5934 of 2023

¶4Considering 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 the date of receipt of a copy of this order. 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.

¶5With the above directions, this criminal original petition is disposed of. sd/- 30/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AAV TO 1 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THANJAVUR DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.M.P.SENTHIL, Advocate ( SR-5233[I] dated 31/03/2023 ) ORDER IN CRL OP(MD) No.5934 of 2023 Date :30/03/2023 PKP/MMS/SAR-3/06.04.2023/ 2P/4C