Disposed

Sundaramoorthy v. the Inspector of Police

Madras HC23 Sept 2020CRL OP/14933/2020

Case brief

AI extract

What is this about?

In this bail petition filed under Section 438 CrPC, the Court directed the police to issue a notice under Section 41A Cr.P.C for a preliminary enquiry. The Court set a deadline for the Investigating Officer to either register an FIR or close the complaint, allowing anticipatory bail applications if arrest was warranted. The petition was subsequently closed.

What did the court decide?

Directed police to issue notice under Section 41A Cr.P.C and complete enquiry by 21.10.2020; parties to appear before police.

Sundaramoorthy Vs the Inspector of Police — Bail and Remand | Madras HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

Dated : 23.09.2020

¶3

CORAM :

¶4

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

¶5

Crl.O.P.No.14933 of 2020

¶6

Sundaramoorthy

¶7

Rajkamal

¶8

Arunachalam

¶9

Eshwari

¶10

Prasad ... Petitioners Vs. The Inspector of Police, All Women Police Station, Gudiyattam, Vellore. (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 bail in the event of his arrest in Crime No. Not Known of 2020 on the file of the Inspector of Police, All Women Police Station, Gudiyatam the respondent. For Petitioners : Mr.K.Nagarajan For Respondent : Mr.M.Mohammed Riyaz Additional Government Pleader ORDER

¶11

(This case has been heard through video conference)

¶12

The Additional Public Prosecutor would submit that the petition enquiry against the petitioners is pending in C.S.R. No.316 of 2020 on the complaint of one Neelaveni.

¶13

The respondent police has to issue notice under Section 41A of Cr.P.C to the petitioners. 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. The Investigating Officer is to either register a First Information Report or close the complaint by 21.10.2020. If the Investigating Officer has grounds to arrest the petitioners, then he has to state the reasons in writing and communicate the same to the petitioners and in that case, the petitioners are at liberty to file necessary application before this Court seeking anticipatory bail.

¶14

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

¶15

With this observation, this Criminal Original Petition is closed.

¶16

-sd/23/09/2020 This order, on being produced, be punctually observed and carried into execution by all concerned

¶17

TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 THE JUDICIAL MAGISTRATE,
GUDIYATTAM
2 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE
ALL WOMEN POLICE STATION,
GUDIYATTAM, VELLORE.
CC to M/S.K.NAGARAJAN Advocate on payment of necessary charges
CRL OP.14933/2020
Date :23/09/2020
RVR 30/09/2020

¶18

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

Sundaramoorthy v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Sundaramoorthy v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Balaji Vs State Rep by

Narasimman Vs the State Rep by

K.S.Jhon Isac Ruban Vs the Inspector of Police

Prabu Vs State by

R.Balasubramaniyan Vs the State Rep by

Muthukumar Vs State Rep.by