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Madras High CourtCRL OP/10004/2026disposed of

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

2026-04-21Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Shanmugam S/o.late. Govindhan Maistry, No.06, Mettu Street, Andankuppam Main Road, Kundrathur Post and Taluk, Chennai-600 069.

..Petitioner(s) Vs The State Rep. by Inspector of Police, Central Crime Branch-III, Tambaram Commissionerate.

(Crime No. Not Known of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to grant an anticipatory bail to the petitioner in event of his arrest in Crime No. Not Known of 2026 pending on the file of the respondent police and pass such further or other order it may be deem fit and proper in the above circumstances of the case and thus render justice.

For Petitioner(s):

Mr. A.Poovarasan For Respondent(s):

MR.P.DHILEEPAN, GOVT.ADVOCATE (CRL SIDE)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 318(3), 336(1), 336(3), 340(b) and 351(3) of BNS, in Crime No. Not known of 2026 seeks anticipatory bail.

2. When the matter is taken up for hearing today, the learned Government Advocate (Crl.Side) appearing for the respondent submits that petitioner 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 procedure 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. 21-04-2026 DRL

To

1. The Inspector of Police, Central Crime Branch-III, Tambaram Commissionerate.

2.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 21-04-2026