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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

1. Ananthi W /o. Ananthan Residing at, No.3, Vignesh Avenue, Dr.Ramamoorthi Nagar, Madipakkam, Chennai-600 091.

Petitioner(s) Vs

1. The State Rep. by the Inspector of Police, E-4, ABIRAMAPURAM POLICE STATION, CHENNAI-600 028. Crime No. 67 of 2025.

Respondent(s) PRAYER To enlarge the Petitioner/Accused on bail in the event of arrest by the respondent police in Crime No. 67 of 2025 pending investigation before the respondent and to pass such other suitable orders as may deem fit. For Petitioner(s):

M/s.R.Rajesh Vivekananthan For Respondent(s):

Mr.S.Balaji, Government Advocate (Crl.side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 194(1) of B.N.S.S @ 194(1) of BNSS r/w 108 of B.N.S, in Crime No.67 of 2025, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the deceased had a money dispute over a water manufacturing unit; that a case was registered against the deceased on the allegation that he had cheated the petitioner in Crime No.374 of 2024; that when the summons was served by the police, the deceased suffered a heart-attack and subsequently died; and that the son of the deceased lodged a complaint against the petitioner stating that the deceased died only because of the complaint filed by the petitioner and a case has been registered under Section 194(1) of BNSS.

3.The learned counsel for the petitioner would submit that the petitioner is being harassed by the respondent police and therefore he apprehends arrest. 4.The learned Government Advocate (Crl.side) for the respondent police would submit that a case has been registered under Section 194(1) of BNSS and has not been altered to 306 IPC (i.e.), equivalent to 108 of BNS and hence the apprehension of the petitioner is unfounded.

5.Recording the said submissions this Court is of the view is that the

respondent can be directed to complete the enquiry within a period of six weeks from the date of receipt of a copy of this order and shall inform the petitioner if they intend to alter the offences. In the meanwhile, the respondent shall not arrest the petitioner.

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

23-04-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Inspector of Police, E-4, Abiramapuram Police Station, Chennai-600 028.

2.The XXIII Metropolitan Magistrate, Saidapet, Chennai.600 015.

3.The Public Prosecutor, High Court of Madras, Madras.

SUNDER MOHAN, J., gbi 23.04.2025