Madras High CourtCRL OP/7344/2025disposed of

R.Harikesavan v. State Rep. By

2025-03-13Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN R.Harikesavan ... Petitioner Vs.

State rep. by The Inspector of Police, T8-Guduvancheri Police Station, Tambaram City Police.

(Crime No.Not Known of 2025) ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on anticipatory bail in Crime No. Not Known of 2025, pending on the file of the respondent police. For petitioner : Mr.M.D.Ilayaraja For Respondent : Mr.S.Santhosh, 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 Section 316(2) & 318(2) of BNS in Crime No.Not known of 2025, seeks anticipatory bail. 2.

The learned counsel appearing for the petitioner submitted that Page No.1 of 4

the defacto complainant had previously lodged a complaint before the Chemmencherry police station and after an enquiry, the said complaint was closed and this is the second complaint lodged by the defacto complainant.

3. The learned Government Advocate (Crl.Side) on instructions submitted that a petition enquiry is pending and an FIR has not been registered in this case.

4. In view of the same, the respondent shall verify the above facts while conducting the enquiry and shall conclude the enquiry within a period of three weeks from today. If the petitioner's appearance is required, the respondent shall issue a notice under Section 35 of BNSS, 2023 and on such notice, the petitioner shall appear before the respondent. Till the conclusion of the enquiry, the respondent police shall not arrest the petitioner.

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

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Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No dpa To 1.The Inspector of Police, T8-Guduvancheri Police Station, Tambaram City Police.

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

SUNDER MOHAN, J.

dpa Page No.3 of 4

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