Petitioner sought anticipatory bail under Section 438 Cr.P.C. Court declined bail but directed police to issue a Section 41(A) notice and conduct a six-week search inquiry without coercive steps.
Direction to issue Section 41(A) notice and conduct inquiry within six weeks; nominee offered coercive steps.
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.
CRL OP(MD) No.9253 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Thursday, the Eighteenth day of May Two Thousand and Twenty Three
PRESENT
The Hon`ble Mrs.Justice T.V.THAMILSELVI
CRL OP(MD) No.9253 of 2023
VAYOLA BABY
... PETITIONER/RANK NOT KNOWN
Vs State Rep.by
THE INSPECTOR OF POLICE ANTI-LAND GRABBING SPECIAL CELL, NAGERCOIL, KANYAKUMARI DISTRICT. CRIME NO.NOT KNOWN OF 2023
... RESPONDENT/COMPLAINANT
For Petitioner : M/S.G.ANTO PRINCE, Advocate For Respondent : MR.SS.MADHAVAN, Govt. Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C.
PRAYER : FOR ANTICIPATORY BAIL IN CRIME 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 offences punishable under Sections 420 and 406 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 is pending against the petitioner. Hence, the respondent police issued summons to the petitioner. However, the petitioner did not appear for enquiry.
3.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.side) for the respondent.
4.Considering the facts and circumstances, the respondent police has to issue notice under Section 41(A) of Cr.P.C to the petitioner and the petitioner is 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 petitioner, register the https://www.mhc.tn.gov.in/judis F.I.R or close the petition enquiry within a period of six weeks
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CRL OP(MD) No.9253 of 2023
from the date of receipt of a copy of this order. The parties are directed to cooperate with the enquiry.
5.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. Accordingly, this criminal original petition is disposed of.
sd/-
18/05/2023 / TRUE COPY /
/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
gns
TO
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.ANTO PRINCE.G, Advocate ( SR-7747[I] dated 19/05/2023 )
ORDER
IN
CRL OP(MD) No.9253 of 2023 Date :18/05/2023 RS//SAR-(24.05.2023) 2P 4C
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1 issue framed by the court
Whether the petitioner apprehending arrest can be directed to appear before police under Section 41(A) Cr.P.C prior to arrest.
1 provisions across 1 enactments
VAYOLA BABY
STATE REP. BY THE INSPECTOR OF POLICE ANTI-LAND GRABBING SPECIAL CELL, NAGERCOIL, KANYAKUMARI DISTRICT
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
