Sarfaraz Hussain v. State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-04-2026
CORAM
THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Sarfaraz Hussain ..Petitioner Vs State rep by, The Inspector of Police, W31 St.Thomas Mount, All Women Police Station, St.Thomas Mount, Chennai - 600 016.
Crime No.Unknown of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in the event of his arrest in Crime No.NOT KNOWN of 2026 on the file of the respondent police pending investigation.
For Petitioner:
Mr.Rajesh For Respondent:
Mr.P.Dhileepan Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offences under Sections 115, 117(2), 75(2) and 351 of the Bharatiya Nyaya Sanhita (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 petition enquiry
in CSR number 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 an F.I.R or close the petition enquiry within a period of two weeks from the date of receipt of copy of the order. The parties are directed to cooperate in 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. 29-04-2026 NSL
To
1. The Inspector of Police, W31 St.Thomas Mount, All Women Police Station, St.Thomas Mount, Chennai - 600 016.
2. The Public Prosecutor High Court of Madras.
A.D.JAGADISH CHANDIRA, J.
NSL 29-04-2026