Madras High CourtCRL OP/4117/2025disposed of

K. Nageshwara Rao v. State Rep.By Its, The Inspector Of Police,

2025-02-18Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO.4117 of 2025 1.K. Nageshwara Rao, S/o. K. Venkt Rao.

2.Balakrishna Rao, C/o. Krishnaji Rao.

3.T.Sengotaian, S/o. Thirumalaisamy.

petitioners(s) Vs State Rep.by its, The Inspector of Police, C1, Sriperambudur Police Station, Kancheepuram District. (Crime No. Not Known of 2025) Respondent(s) For petitioners(s): Mr. R. Bhagawat Krishna For Respondent(s): Mr. S. Balaji, Government Advocate (Crl.side).

ORDER

Apprehending arrest in connection with Crime No.Not Known of 2025 registered for the offences punishable under Sections 314 (Section 403 of IPC - Misappropriation of Funds) and Section 316 (Section 405 of 1/4

IPC - Criminal Breach of Trust) of the Bharatiya Nyaya Sanhita (BNS), 2023, 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 the petition enquiry in C.S.R.No.154 of 2025 is pending against these 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 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. 2/4

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.

18-02-2025 klt To 1.State Rep.by its, The Inspector of Police, C1, Sriperambudur Police Station, Kancheepuram District. (Crime No. Not Known of 2025) 3/4

SUNDER MOHAN, J.

klt Crl.O.P. No.4117 of 2025 18-02-2025 4/4