Jakarias Mens v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Jakarias Mens (M/21) S/o.Dilip Mens, Piyong Village, Lohit, Namsai, Arunachal Pradesh -792 103

2. Syed Rabiyath Begum (F/52) W/o.Shajahan, No.23, Thiruvallur Street, Kilambakkam, Urapakkam, Kancheepuram District - 603 210.

..Petitioner(s) Vs The State Rep By, The Inspector of Police T8- Guduvancherri Police Station, Chennai.

Crime.No. Not Known of 2026.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in the event of arrest in connection with the Crime No. Not Known of 2026 on the file of respondent police and pass such further or other order as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner(s):

Mr.Abdul Kareem For Respondent(s):

Mr. P. Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Section 303 & 318(4) of BNS in Crime No. Not known of 2026, seeks anticipatory bail.

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 in CSR.No.0352/2026 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 petitioners, 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.

08-04-2026 DRL To

1. The Inspector of Police T8- Guduvancherri Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 08-04-2026