J.Arul v. State Rep by
Case brief
What is this about?
Single judge order denying anticipatory bail. Court directed police to issue Section 41(A) notice and conclude enquiry within 28 days, allowing the petitioner to seek bail if arrest grounds arise during investigation.
What did the court decide?
Notice under Section 41(A) Cr.P.C. to be issued; enquiry to conclude by 28.09.2020; petitioner may seek bail if arrest grounds are stated in writing.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.09.2020
CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13110 of 2020
J.Arul
... Petitioner
Vs.
The State Rep. by The Inspector of Police, Arakkonam Taluk Police Station, Arakkonam,Ranipet District. (Crime No.Not known of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on anticipatory bail, in the event of his arrest in connection with Crime No.Not known of 2020, pending investigation on the file of the respondent police. For Petitioner : Mr.P.Krishnan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor O R D E R (The case has been heard through video conference)
The learned Additional Public Prosecutor would submit that petition enquiry against the petitioner is pending in C.S.R.No.580 of 2020 on the complaint of one Ambika.
- The respondent police has to issue notice under Section 41(A) of Cr.P.C., to the petitioner. 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. The Investigating Officer is to either register a First Information Report or close the complaint by 28.09.2020. If the Investigating Officer has grounds to arrest the petitioner, then he has to state the reasons in writing and communicate the same to the petitioner and in that case, the petitioner is at liberty to file necessary application before this Court seeking anticipatory bail.
Issues for consideration
2 issues framed by the court
Whether to grant anticipatory bail in view of pending investigation enquiry.
Whether the respondent police must issue notice under Section 41(A) Cr.P.C. prior to arrest.
Parties & counsel
- petitioner
J.Arul
- respondent
The State Rep. by The Inspector of Police, Arakkonam
Coram
A.D.Jagadish Chandira
Case details
As recorded by the court registry
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