A.Shanmugam, Sole Accused v. the State Rep.by
Case brief
What is this about?
The High Court directed the police to issue a notice under Section 41(A) Cr.P.C. for the petitioner to appear for inquiry. The Investigating Officer must register an FIR or close the complaint by 01.12.2020. If arrest grounds arise, the Court is open for an anticipatory bail application.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.11.2020
CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.16470 of 2020
A.Shanmugam ... Petitioner
Vs.
The State Rep. by
Station House Officer,
T.R.Pattinam Police Station,
Karaikal.
(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 respondent police.
For Petitioner : Mr.S.Sounthar
For Respondent : Mr.Bharathachakravarthy
Public Prosecutor (Puducherry)
O R D E R
(The case has been heard through video conference)
The learned Public Prosecutor would submit that petition enquiry against the petitioner is pending.
- 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 01.12.2020. 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.
- With this observation, this Criminal Original Petition is closed.
-sd/-
03/11/2020
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 STATION HOUSE OFFICER,
T.R.PATTINAM POLICE STATION,
KARAIKAL.
2 THE PUBLIC PROSECUTOR
PUDUCHERRY.
CC to M/S.S.SOUNTHAR Advocate on payment of necessary charges
CRL OP.16470/2020
Date :03/11/2020
cs 06/11/2020
Issues for consideration
3 issues framed by the court
Whether the respondent police should issue a notice under Section 41(A) Cr.P.C. before filing a bail petition.
Whether the Investigating Officer must conduct an enquiry and Close the complaint by 01.12.2020.
Whether the petitioner is at liberty to approach this Court for anticipatory bail after arrest.
Parties & counsel
- petitioner
A. Shanmugam
- respondent
The State Rep. by Station House Officer, T.R. Pattinam Police Station, Karaikal
Coram
A.D. Jagadish Chandira
Case details
As recorded by the court registry
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