The Madurai Bench of Madras High Court refused bail in an anticipatory bail petition under Section 438 Cr.P.C., directing the police to conduct an enquiry under Section 41(A) Cr.P.C. without taking coercive steps until the enquiry concluded.
Notice under Section 41(A) Cr.P.C. to be issued; enquiry to be conducted without arrest.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Tuesday, the Twenty Fifth day of April Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN
CRL OP(MD) No.6793 of 2023
P.L.AMMAIYAPPAN ... PETITIONER / ACCUSED RANK NOT KNOWN
Vs
THE STATE REPRESENTED BY
THE INSPECTOR OF POLICE MANAPPARAI POLICE STATION, TRICHY DISTRICT.
(IN CRIME NO.NOT KNOWN OF 2023) ... RESPONDENT / COMPLAINANT
For Petitioner : M/S.PRITHVIRAJ.C Advocate
For Respondent : Mr.R.M.ANBUNITHI,
Additional Public Prosecutor ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
PRAYER:
FOR ANTICIPATORY BAIL IN CR NO.NOT KNOWN OF 2023 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :-
The petitioner, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 420 of IPC in Crime.No.Not known of 2023, seeks anticipatory bail.
2.Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.side) appearing for the respondent Police submitted that petition enquiry against the petitioner is pending.
3.Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the respondent.
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from the date of receipt of a copy of this order. 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.
sd/-
Sub-Assistant Registrar (C.S.)
RMK
TO
1 THE INSPECTOR OF POLICE MANAPPARAI POLICE STATION, TRICHY DISTRICT.
ORDER
IN
CRL OP(MD) No.6793 of 2023
Date :25/04/2023
SS/VR/SAR IV/04/05/2023/2P/3C
1 issue framed by the court
Whether anticipatory bail should be granted in the pending FIR under Section 420 IPC.
2 provisions across 1 enactments
P.L.Ammaiappan
The State Represented by The Inspector of Police Manapparai
G.K.Ilantiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
