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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Sethupathi ... Petitioner Vs.

State by:

The Inspector of Police All Women Police Station-Kallakurichi, Kallakurichi District.

(Crime No.Unknown of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner/accused on anticipatory bail in the event of arrest in Crime No.Not known of 2025 on the file of the respondent-Police. For Petitioner : Mr.K.Prasath For Respondent : Mr.P. Dhileepan Government Advocate (Crl.Side) ******

O R D E R

The petitioner apprehends arrest for the alleged offence under Section 318 (2) and 318(4) of BNS (Section 417 & 420 of IPC) in Crime No. Not known of 2026, seeks anticipatory bail.

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2. Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that the petition enquiry is pending against the petitioner.

3. In such circumstances, this Court is of the firm view that the respondent Police may be directed to follow the ratio as laid down by the Hon'ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation reported in (2026 INSC 115) and 2025 SCC OnLine SC 1578 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 two weeks from today. The parties are directed to co-operate 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.

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

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To 1.The Inspector of Police All Women Police Station, Kallakurichi District.

2.The Public Prosecutor, High Court of Madras.

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C.KUMARAPPAN.

J.

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