Alagarsamy v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD) No.3829 of 2023 1 ALAGARSAMY 2 AYYAMMAL 3 A.NAGALAKSHMI 4 VIJAYALAKSHMI ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs 1 THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ANDIPATTI, THENI DISTRICT. CRIME NO.NOT KNOWN OF 2023.

... RESPONDENT/ COMPLAINANT For Petitioner :M/S.C.JEGANATHAN For Respondent :M/S.K.SANJAI GANDHI, Govt. Advocate ( Crl. Side) M/S.P.SIVACHANDRAN FOR INTERVENER PETITION FOR BAIL Under Sec. 439 Cr.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CR.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 offences punishable under Sections 294(b), 323 and 506(ii) IPC r/w Sections 3 and 4 of POCSO Act 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.

¶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 de-facto complainant.

5.With the above directions, this Criminal Original Petition is disposed of. sd/- 28/02/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ANDIPATTI, THENI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to SATHISHWARAN N Advocate SR.No.11858 ORDER IN CRL OP(MD) No.3829 of 2023 Date :28/02/2023 MGJ/SAR III/09/03/2023/2P/4C