Hearing a petition for anticipatory bail under CrPC Section 438, the court directed the police to complete a pending CSR enquiry within four weeks and refrained from arresting the petitioner pending the result of that enquiry.
Direction to complete enquiry within four weeks; bar on arrest pending enquiry result; closure of the original petition.
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: 16.03.2021
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
Crl.O.P.No.5239 of 2021
Karthick ... Petitioner
-VsThe State represented by ... Respondent The Inspector of Police, AWPS Attur Police Station, Salem District. (Crime No.Not known of 2021)
Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on Anticipatory Bail in the event of his arrest pending investigation in Crime No.Not known/2021 on the file of the respondent.
For Petitioner : Mr.P.Anbalagan For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor ORDER
(The case has been heard through video conference)
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 376, 417, and 506(i) of IPC, in Crime No.Not known of 2021, on the file of the respondent police, seeks anticipatory bail.
copy of this order and in the enquiry, if a prima facie case is made out against the petitioner, the respondent police shall register the First Information Report, otherwise close the petition. Till then, the respondent police is directed not to arrest the petitioner.
-sd/-
16/03/2021
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 JUDICIAL MAGISTRATE,
NO.I, ATTUR.
2 THE CHIEF JUDICIAL MAGISTRATE
SALEM. [FOR INFORMATION]
3 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE,
AWPS ATTUR POLICE STATION,
SALEM DISTRICT.
CC to M/S.P.ANBALAGAN Advocate on payment of necessary charges
CRL OP.5239/2021
Date :16/03/2021
TA-17/04/2021
1 issue framed by the court
Whether to grant anticipatory bail and impose conditions upon the police regarding pending scrutiny.
1 provisions across 1 enactments
Karthick
The State
V. Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
