Kannan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.2311 of 2025 1.Kannan 2.Shanmugam ... Petitioners / A1 & A2 Vs.

State Represented by The Inspector of Police, Keelkupam Police Station, Kallakurichi District.

Cr.No.Not Known ... Respondent / Complainant PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of his arrest in Crime No.not known on the file of the respondent Police.

For Petitioners :

Ms.Pandi Meena For Respondent :

Mr.S.Santhosh, Government Advocate (Crl.Side) 1/4

O R D E R

Apprehending arrest in connection with Crime No.Not Known registered for the offences punishable under Sections 296(b), 115(2), 118(1), 35(3) of Bharathia Nyaya Sanhita, 2023 (BNS), the present petition has been filed by the petitioners 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 enquiry is pending in CSR.No.36 of 2024 against the petitioners.

3. Heard the learned counsel for the petitioners 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 petitioners and the petitioners are directed 2/4

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 petitioners, register the F.I.R or close the petition enquiry within three weeks.

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.

31.01.2025 smv To 1.The Inspector of Police, Keelkupam Police Station, Kallakurichi District.

2.The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN, J.

smv Crl.O.P.No.2311 of 2025 31.01.2025 4/4