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Madras High CourtCRL OP/11685/2026disposed of

Rajan Dhayalan v. The State Rep.By,

2026-05-06Honourable Mrs.Justice L.Victoria Gowri4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Rajan Dhayalan S/o.Mr.Dhayalan, Residing at No.34, VOC Street,Madhavaram, Tiruvallur, Tamilnadu-600 060.

..Petitioner(s) Vs The State Rep.by, The Inspector of Police, Fake Document Wing, Central Crime Branch, Chennai.

Cr.No.not known of 2026.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the Petitioner/Accused on anticipatory in the event of his arrest pending investigation in Not known of 2026 on the file of the respondent police.

For Petitioner(s):

Mr.Suresh J For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

Apprehending arrest in connection with Crime No.Not Known of 2026 registered for the offences punishable under Section 420 of IPC/318 BNS, the present petition has been filed by the petitioner seeking anticipatory bail.

2. The learned Government Advocate (Crl.Side) Mr.A.Gopinath on instructions submitted that petition enquiry against the petitioner is pending in current paper and an FIR has not been registered.

3. The case of the defacto complainant is that the petitioner has created an encumbrance in his property without any ownership claim over the said property. In this regard, the petitioner has been called upon by the police for enquiry. Hence, the respondent police is directed to issue summons to the Petitioner as well as the defacto complainant under Section 64 of BNSS and conduct enquiry by giving opportunity to both the parties .

4. In view of the same, the respondent shall conduct and conclude the enquiry within a period of two weeks from the date of receipt of a copy of this order. If the petitioner's appearance is required, the respondent shall issue a notice under Section 35 of BNSS, 2023 and on such notice, the petitioner shall appear before the respondent. Till the conclusion of the enquiry, the respondent police shall not arrest the petitioner.

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

06-05-2026 Index: Yes/No Speaking/Non-speaking order VV To.

1. The Inspector of Police, Fake Document Wing, Central Crime Branch, Chennai.

2. The Public Prosecutor, High Court Madras

L.VICTORIA GOWRI, J.

VV 06-05-2026