Suresh Pandian v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] Date : 28.12.2023 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL A.Suresh Pandian ... Petitioner / Accused Rank Not Known Vs State represented by The Inspector of Police, Sankarankovil Town Police Station, Tenkasi District. Crime No.Not known of 2023 ... Respondent /Complainant For Petitioner : Mr.S.Ayyanar Prem Kumar, Advocate For Respondent : Mr.B.Thanga Aravinidh Government Advocate (Criminal Side) PRAYER: Criminal Original Petition filed under Section 438 of the Criminal Procedure Code, 1973 (Act No.2 of 1974) praying to grant an order of pre-arrest bail to the petitioner in connection with 'Crime No.Not Known of 2023' on the file of the respondent-Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on

26.12.2023 under Section 438 of 'The Criminal Procedure Code, 1973 (Act No.2 of 1974)' [henceforth 'Cr.P.C.'] praying to grant an order of pre-arrest bail.

¶2The learned Government Advocate (Criminal Side) appearing for the respondent-Police submitted that the respondent-Police received a complaint from one Rohini and after preliminary enquiry, the respondent Police closed the same. The above submission is recorded.

¶3In view of the closure of the complaint, petitioner has no reasonable apprehension of arrest at the hands of the respondent-Police. Hence, the Criminal Original Petition filed under Section 438 of Cr.P.C. is not maintainable.

¶4In the result, the Criminal Original Petition is dismissed as not maintainable.

sd/-

28/12/2023

/ TRUE COPY /

/01/2024

Sub-Assistant Registrar (C.S. -I,II,III,IV)

Madurai Bench of Madras High Court,

Madurai - 625 023. tsg TO

1.The Inspector of Police, Sankarankovil Town Police Station, Tenkasi District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.23569 of 2023 Date :28/12/2023 RK/VR(04/01/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023