Madras High CourtCRL OP/2686/2025disposed of

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

2025-02-04Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.02.2025

CORAM:

THE HON`BLE MR.JUSTICE SUNDER MOHAN

1. Adithiyan S/o. Balasubramaniyan

2. Balasubramaniyan S/o. Pichamuthu

3. Arul Jothi W/o. Balasubramaniyan

4. Jaya W/o. Anbazhagan ... Petitioners / Accused Vs State rep. by:- The Inspector Of Police, All Women Police Station, Kallakurichi.

... Respondent [Cr. No.Not known of 2025] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioners / Accused in Crime No.Not known of 2025 on the file of the respondent police. For Petitioners : Mr. C. Samivel For Respondent : Mr. S. Balaji Government Advocate [Criminal side]

ORDER

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The petitioners / Accused, who apprehend arrest in the hands of the respondent police for the offences punishable under Section 316(2) of B.N.S. and Section 4 of Dowry Prohibition Act in connection with the case in Crime No.Not known of 2025, seek 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 petitioners.

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

petitioners, register the F.I.R or close the petition enquiry within a period of two 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.

04.02.2025 mjs To 1.The Public Prosecutor, High Court, Madras.

2.The Inspector Of Police, All Women Police Station, Kallakurichi. SUNDER MOHAN. J., mjs 3/4

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