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Madras High CourtCRL OP/3160/2025disposed of

Vijay v. 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 HONOURABLE MR.JUSTICE SUNDER MOHAN Vijay ... Petitioner /Accused Vs.

State rep. by The Inspector of Police, N4 Fishing Harbour Police Station, Chennai - 600 081.

... Respondent/ Complainant Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioners on anticipatory bail in Crime No. Not Known of 2025, pending on the file of the respondent police. For petitioner : Mr.S.Saravanan For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 303(2) of BNS, 2023, in Crime No.Not known of 2025, seeks anticipatory bail. Page No.1 of 4

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.179 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 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 Page No.2 of 4

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 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No dpa To

1. The Inspector of Police, N4 Fishing Harbour Police Station, Chennai - 600 081.

2. The Public Prosecutor, Madras High Court, Chennai.

Page No.3 of 4

SUNDER MOHAN, J.

dpa 07.02.2025 Page No.4 of 4