The Madras High Court granted liberty to the petitioner to work out remedy known to law under Section 438 Cr.P.C. pending police enquiry, directing the enquiry within two weeks after fixing a specific date for appearance.
Liberty granted to work out remedy known to law; police directed to complete enquiry within two weeks after a fixed date of appearance.
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
( Criminal Jurisdiction )
Friday, the Twelfth day of November Two Thousand Twenty One
PRESENT
The Hon`ble Mrs Justice TV. THAMILSELVI
CRIMINAL ORIGINAL PETITION No.20346 of 2021
1 C.MANIVANNAN [ PETITIONER / ACCUSED ]
2 N.VANITHA
Vs
STATE BY THE INSPECTOR OF POLICE, TIRUVANNAMALAI TOWN POLICE STATION, TIRUVANNAMALAI DISTRICT. (CRIME NO. NOT KNOWN OF 2021)
[ RESPONDENT ]
For Petitioner : M/S. C.V.SHYAM SUNDER Advocate
For Respondent : MR.N.S.SUGANTHAN, Counsel for Government Advocate,
(Crl.Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
When the matter is taken up for consideration, the learned Government Advocate (Crl. Side) submitted that the complaint given by the defacto complainant was assigned CSR No.564 of 2021 and petition enquiry is pending.
2.In view of the above submission made by the learned Government Advocate (Crl. Side), this Court directs the petitioner and the defacto complainant to appear before the respondent police on 19.11.2021 for enquiry and the respondent police is directed to complete the enquiry within a period of two weeks from the date of receipt of a copy of this order.
-sd/-
12/11/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
TO
1 THE INSPECTOR OF POLICE, TIRUVANNAMALAI TOWN POLICE STATION, TIRUVANNAMALAI DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+2 CC to M/S. C.V.SHYAM SUNDER Advocate on payment of necessary charges SR.NO.12754
CRL OP.20346/2021
Date :12/11/2021 RW 16/11/2021
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner when the FIR is not yet assigned a specific crime number.
Whether liberty to work out remedy known to law should be granted pending police enquiry amidst apprehension.
Whether the High Court should fix a date for police enquiry and stipulate completion within a specific period.
1 provisions across 1 enactments
1 C.MANIVANNAN
2 N.VANITHA
STATE BY THE INSPECTOR OF POLICE, TIRUVANNAMALAI
TV. THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
