Advocates:
['M/s Sabeer Mohammed I', '', 'Saffiya Banu S', 'Anushiya K', '', 'Public Prosecutor']

CRL OP(MD) No.18776 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Monday, the Thirteenth day of December Two Thousand and Twenty One

PRESENT

The Hon`ble Mr.Justice G.ILANGOVAN

CRL OP(MD) Nos.18776 and 18786 of 2021

M.KARTHIKRAJA

... PETITIONER/ACCUSED No.3

IN BOTH PETITIONS

Vs

THE STATE REP.BY

THE INSPECTOR OF POLICE

PARAMAKUDI TOWN POLICE STATION,

RAMANATHAPURAM DISTRICT

(CRIME NO. 513 OF 2021)

... RESPONDENT/COMPLAINANT

IN CRL OP(MD).18776/2021

(CRIME NO. 515 OF 2021)

... RESPONDENT/COMPLAINANT

IN CRL OP(MD).18786/2021

IN BOTH PETITIONS:

For Petitioner : M/S.I.SABEER MOHAMMED, Advocate

For Respondent : Mr.S.MANIKANDAN, Government Advocate(crl.side)

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

ORDER : The Court Made the following order :-

The petitioner, who is arrayed as A3, in both the cases

apprehends arrest at the hands of the respondent police for the

alleged offences punishable under section 392 IPC r/w 109 IPC, in

respect of Crime Nos.515 and 513 of 2021 on the file of the

respondent police and hence, seeks anticipatory bail.

2.When the matter was taken up for hearing, it has been brought

to the notice of this court and from the CD file that has been

produced by the prosecution shows that this petitioner was arrested

and remanded to judicial custody in respect of Crime No.519 of 2021

for the offence under section 379 IPC on the file of the Judicial

Magistrate, Paramakudi, Ramanathapuram District and detained in Sub

Jail, Sivagangai. So at that time, formal arrest has been made by

the Investigating Officer in the case of Crime Nos.513 and 515 of

2021. Similarly, in both the cases formal arrest has been made, on

18.10.2021 a request has been made by the Deputy Superintendent of

Police, Paramakudi Sub Division, Ramanathapuram District, to the

concerned Jail Authority. Even though, PT warrant that has been

prepared, it appears that it has not been presented before the

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CRL OP(MD) No.18776 of 2021

concerned court. The petitioner has been granted bail in the above

said Crime No.519 of 2021 and he has been released on bail in Cr.MP

No.2046 of 2021 by the Judicial Magistrate, Paramakudi.

Ramanathapuram District, on 22.10.2021 in respect of Crime No.519 of

2021. So the petitioner has been released from the prison.

3.Now seeking anticipatory bail, this petitioner has moved

these two petitions. Since formal arrest has already been made upon

the petitioner, the question of granting anticipatory bail does not

arise, as the 2^nd arrest is also not permissible in law. The

Investigating Officer cannot also file the absconding charge sheet

before the trial court, after completion of the investigation, since

the arrest has also been made, even though the petitioner was

released on bail in these two crime numbers. So the only course

available to the Investigating Officer is that he has to file a

final report before the concerned court. After completing the

investigation, by request, the concerned court may issue summon to

the accused persons.

4.Since the offence is under section 393 IPC, there shall be a

direction to the petitioner to appear before the Investigating

Officer and co-operate with him to complete the investigation

process. During the course of investigation process, the involvement

of the petitioner is noticed, then the Investigating Officer has to

adopt the above said course that has been mentioned by this court as

above. If during the course of investigation, if the Investigating

Officer feels that re-arrest is required, then he has to approach

the concerned Magistrate for such a relief. The petitioner can also

work out his remedy through proper proceedings.

5.With the above direction, these two petitions are disposed

of.