Disposed

Saiyad Aatham v. the State Rep.by

Madras HC25 Mar 2021CRL OP/5827/2021

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail apprehending arrest for matrimonial offences. The Court directed the respondent police to complete the pending enquiry within four weeks and register an FIR only if a prima facie case is made out. Arrest was prohibited during this period. Petition closed accordingly.

What did the court decide?

Directions to complete enquiry within four weeks; FIR to be registered only if prima facie case exists; barbaratic arrest prohibited till then.

Saiyad Aatham Vs the State Rep.by — Matrimonial and Divorce | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Thursday, the Twenty Fifth day of March Two Thousand Twenty One

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PRESENT

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The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.5827 of 2021

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SAIYAD AATHAM [ PETITIONER / ACCUSED ]

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THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KALLAKURICHI DISTRICT, CRIME NO.NOT KNOWN OF 2021.

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For Petitioner : M/S. P.VAJRAVELU Advocate

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For Respondent : M/S.S.KARTHIKEYAN, Additional Public Prosecutor

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 498(A) and 506(ii) of I.P.C and Section 4 of Woman Harassment Act, in Crime No.Not known of 2020, on the file of the respondent Police, seeks anticipatory bail.

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Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.

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When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent Police submitted that petition enquiry is pending against the petitioner in C.S.R.No.74 of 2021.

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In view of the submission made by the learned Additional Public Prosecutor, the respondent Police is directed to complete the enquiry, within a period of four weeks from the date of receipt of a 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.

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

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Accordingly, this Criminal Original Petition is closed.

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-sd/-
25/03/2021
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 PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
2 THE INSPECTOR OF POLICE,
ALL WOMEN POLICE STATION,
KALLAKURICHI DISTRICT.
CC to M/S. P.VAJRAVELU Advocate on payment of necessary charges
SR.NO.4084
CRL OP.5827/2021
Date :25/03/2021
rvr 01/04/2021

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

Saiyad Aatham v. the State Rep.by

Case brief

What is this about?

What did the court decide?

Saiyad Aatham v. the State Rep.by

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

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