Petitioners sought anticipatory bail under Section 438 CrPC pending an inquest/CSR. The Court directed the police to complete the enquiry within four weeks. Arrest is prohibited until the enquiry concludes, FIR is registered, or petition is closed.
Police directed to complete enquiry within four weeks; arrest of petitioners prohibited during this period.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.03.2021
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
Crl.O.P.No.19311 of 2020
1.B.Thilagam 2.V.Baranidaran ... Petitioners/Accused
-VsState represented by The Inspector of Police (Crime) Kundrathur Police Station, Chennai. ... Respondent
Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to grant bail in the event of their arrest connected in Crime No. not known of 2020 pending investigation on the file of the respondent.
For Petitioners : Mr.P.Ezhil Nilavan
For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor ORDER (The case has been heard through video conference)
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 and 420 of IPC, in Crime No.Not known of 2020, on the file of the respondent police, seek anticipatory bail.
-sd/22/03/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE,
SRIPERUMBUDUR.
2.THE CHIEF JUDICIAL MAGISTRATE,
CHENNAI DISTRICT.(FOR INFORMATION)
3.THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
4.THE INSPECTOR OF POLICE (CRIME)
KUNDRATHUR POLICE STATION,
CHENNAI.
CRL OP.19311/2020
Date :22/03/2021
TK/17.04.2021
3 issues framed by the court
Whether anticipatory bail can be granted pending completion of police enquiry
Whether police are directed to complete enquiry within four weeks
Whether petitioners should be restrained from arrest during the pending enquiry
1 provisions across 1 enactments
B.Thilagam
V.Baranidaran
State represented by The Inspector of Police (Crime) Kundrathur Police Station, Chennai
V.BhARATHidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
