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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1.Mr.Subramaniyan 2.Mr.A.John Paul ... Petitioners Vs.

The State represented by The Inspector of Police, J-10, Semmenchery Police Station, Chennai - 600 119.

Crime No.Not Known of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.Not Known of 2026 pending on the file of the respondent police. For Petitioners : Mr.M.Ravi Kumar For Respondent : Mr.P.Dhileepan, Government Advocate (Crl.Side)

O R D E R

The petitioners apprehend arrest for the alleged offence under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.Not Known of 2026 on the file of the respondent police seeks anticipatory bail. 1/4

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 petitioners.

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 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.

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

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To 1.The Inspector of Police, J-10, Semmenchery Police Station, Chennai - 600 119.

2.The Public Prosecutor, High Court of Madras.

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C.KUMARAPPAN.J.

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