Madras High CourtCRL OP/3027/2025disposed of

S.Rubesh v. The State Rep By, The Inspector Of Police,

2025-02-07Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.02.2025

CORAM:

THE HON`BLE MR.JUSTICE SUNDER MOHAN CRL O.P. No.3027 of 2025 S. Rubesh S/o. Shankar

...Petitioner

Vs The State Rep by, The Inspector of Police, DCB Krishnagiri Police Station, Krishnagiri District, (Crime No. Not Known of 2024)

...Respondent

PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., 2023, praying to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.not known of 2024 on the file of the respondent police.

For Petitioner : Mr.Saran Raj For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate [Criminal side] Page No.1 of 4

ORDER

The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Section 318(4) of BNS Act, in Crime No.Not known of 2024, 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 the petition enquiry is pending against the petitioner in CSR No.3034 of 2024.

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

4. Considering the facts and circumstances, the respondent Police has to issue notice under Section 35 of BNSS, 2023 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 Page No.2 of 4

petitioner, register the F.I.R or close the petition enquiry within a period of three weeks from the date on which the order copy is made ready. 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.

5. With the above directions, this Criminal Original Petition is disposed of.

07.02.2025 bga To

1. The Public Prosecutor, High Court, Madras.

2. The Inspector of Police, DCB Krishnagiri Police Station, Krishnagiri District, (Crime No. Not Known of 2024) Page No.3 of 4

SUNDER MOHAN. J., bga CRL O.P. No.3027 of 2025 07.02.2025 Page No.4 of 4