S. Suresh Babu v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.05.2026

CORAM

THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ

1. S.Suresh Babu

2. S.Prabhu ... Petitioner(s) Vs.

The Inspector of Police, T5, Kundrathur Police Station, Kundrathur, Chennai - 600 069.

... Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime No.Not Known of 2026 on the file of the respondent police. For Petitioners :

Ms.S.Hemalatha For Respondent :

Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)

O R D E R

The petitioners were apprehends arrest in the hands of the respondent police for the offences punishable under Sections 61, 316(2), 336, 340 and 318(4) of BNS, 2023, in connection with the case in Crime No.Not Known of 2026 seeks anticipatory bail.

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2. Today, when the matter was taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the petition enquiry is pending against the petitioners.

3. In such circumstances, this Court is of the firm view that the respondent Police may be directed to follow the ratio 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 petitioners, 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 stands disposed of.

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Note:

1. Registry is directed to forthwith upload this order on the Official Website of this Court.

2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Inspector of Police, T5, Kundrathur Police Station, Kundrathur, Chennai - 600 069.

2. The Public Prosecutor, Madras High Court.

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MOHAMMED SHAFFIQ, J.

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