Partly allowed

M.a.Sivanandam v. Staterep by

Madras HC9 Sept 2020CRL OP/14004/2020

Case brief

AI extract

What is this about?

The court held that issuance of notice under S. 41(A) Cr.P.C. was mandatory before arrest. The petitioner was directed to appear and the police was instructed to complete inquiry or register FIR or close complaint by 23.09.2020.

What did the court decide?

Petitioner directed to appear under S. 41(A) Cr.P.C.; Police/-IO to complete inquiry or record reasons by 23.09.2020. Crl.O.P. closed.

M.a.Sivanandam Vs Staterep by — Anticipatory Bail | Madras HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 09.09.2020

¶3

CORAM

¶4

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

¶5

Crl.O.P.No. 14004 of 2020

M.A.Sivanandam

... Petitioner

Vs.

State represented by, The Inspector of Police, Villivakkam, All Women Police Station, Chennai-600 049 Crime No.Not known of 2020. ... Respondent

¶10

Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in concern Crime No.Not Known of 2020 on the file of the respondent police.

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For Petitioner : Mr.A.T.Anbu Kumar

¶12

For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor O R D E R

¶13

The learned Additional Public Prosecutor would submit that petition enquiry in C.S.R.No.139 of 2020 is pending.

¶14

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 23.09.2020. 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.

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https://hcservices.ecourts.gov.in/hcservices/

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With this observation, this Criminal Original Petition is closed.

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-sd/-
09/09/2020
This order, on being produced, be punctually observed and
carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 THE METROPOLITAN MAGISTRATE NO.V,
EGMORE.
2 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE,
VILLIVAKKAM ALL WOMEN POLICE STATION,
CHENNAI-600 049.
CC to M/S.A.T.ANBU KUMAR Advocate on payment of necessary
charges
CRL OP.14004/2020
Date :09/09/2020
MK:18/09/2020

¶18

https://hcservices.ecourts.gov.in/hcservices/

M.a.Sivanandam v. Staterep by

Case brief

What is this about?

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M.a.Sivanandam v. Staterep by

Case brief

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What the court decided

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