This court granted anticipatory bail to the petitioners in a dispute over ancestral property. The court directed the police to issue a notice under Section 41 Cr.P.C. and complete the enquiry within two weeks without coercive steps.
Notice under Section 41 Cr.P.C. issued; enquiry to conclude within two weeks without coercive steps.
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Crl.O.P.No.14506 of 2023
Crl.O.P.No.14506 of 2023
G. CHANDRASEKHARAN , J.
The petitioners, who apprehend arrest at the hands of the respondent police, for the alleged offences punishable under Sections 294 (b), 323 and 506 (ii) IPC in Crime No. Not known of 2023, seek anticipatory bail.
2.The case of the prosecution is that the petitioners and one Subramani are relatives. There is a dispute between them in connection with ancestral property. Hence the complaint is filed.
3.The learned Government Advocate (Criminal Side) submitted
that the petition enquiry in C.S.R.No.321 of 2023 is pending against the petitioner.
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Crl.O.P.No.14506 of 2023
4.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side).
5.Considering the facts and circumstances, the respondent Police has to issue notice under Section 41(A) of Cr.P.C to the petitioners and the petitioners are directed to appear before the respondent Police and the Investigating Officer has to conduct the enquiry by strictly following the procedures therein and if any prima facie case is made out against the petitioners, register the F.I.R or close the petition enquiry within a period of two weeks from today. The parties are directed to cooperate with the enquiry. It is needless to say that the respondent police shall not take any coercive steps to secure the accused till the completion of enquiry, on the complaint lodged by the defacto complainant.
03.07.2023
ep
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Crl.O.P.No.14506 of 2023
G. CHANDRASEKHARAN, J.
ep
Crl.O.P.No.14506 of 2023
03.07.2023
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners to prevent arrest pending police enquiry.
G. CHANDRASEKHARAN
Subramani
G. CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
