Subash Selvam v. The State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Subash Selvam ... Petitioner Vs.

State by. The Inspector of Police, V3- JJ Nagar Police Station, Chennai.

Crime No. Not known of 2026 ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with Crime No. Not known of 2026 on the file of respondent Police, pending investigation.

For Petitioner : Mr.R.Arun Keerthi For Respondent : Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioner apprehend arrest for the alleged offence under Sections 115(2) (IPC 323), 118(1) (IPC 324), 126(2) (IPC 341), 296(b) (IPC 294(b) and 351(3) ( IPC 506(ii) of BNS,2023 (BNS) in Crime No. Not known of 2026, seeks anticipatory bail.

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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.

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To 1.The Inspector of Police, V3- JJ Nagar Police Station, Chennai.

2.The Public Prosecutor, High Court of Madras. 3/4

C.KUMARAPPAN.

J.

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