Madras High CourtCRL OP/503/2025disposed of

Gopinath v. State Rep.By, The Inspector Of Police

2025-01-09Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.01.2025

CORAM

THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA Gopinath ... Petitioner Vs The State rep by The Inspector of Police, District Crime Branch, Salem District Crime No.Not known of 2025 ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on anticipatory bail in the event of his arrest pending investigation in Crime No.not known of 2025 on the file of the respondent police.

For Petitioner : Mr.M.R.Jothimanian For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

Apprehending arrest in connection with Crime No.not known of 2025 registered for the offences punishable under Sections 316 and 318

(4) of Bharatiya Nyaya Sanhita (BNS), 2023, the present petition has been filed by the petitioner seeking 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 the current paper enquiry is pending (or) petition enquiry is pending against the petitioner.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

4. Recording the submission made by the learned Government Advocate (Crl.Side), it is hereby directed that the respondent police has to issue notice under Section 35 of BNSS 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 F.I.R or close the petition enquiry at the earliest.

5. 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 de facto complainant.

6. With the above directions, this Criminal Original Petition stands disposed of.

09.01.2025 dpq To

1. The Inspector of Police, District Crime Branch, Salem District

2. The Public Prosecutor High Court, Madras.

A.D.JAGADISH CHANDIRA , J.

dpq

09.01.2025