M.Hariharan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR

1. M.Hariharan

2. N.Muthuraman

3. M.Santha ... Petitioners Vs.

The Inspector of Police All Women Police Station, Ranipet, Vellore District.

Crime No.Not known of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on Anticipatory bail in the event of their arrest in Crime No.219 of 2025 on the file of the respondent police.

For Petitioner :

Mr.P.Rajeshkanna For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side) For Intervener :

Mr.R.Sadagopan 1/5

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Section 85 of BNS in Crime No. Not known of 2025 on the file of the respondent police, seeks anticipatory bail.

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

3. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the respondent.

4. It is seen that the petitioners are the Husband, Father in law and Mother in law of the defacto Complainant. Marriage between 1st petitioner and the defacto Complainant was held on 04.07.2019. out of their wedlock, they have two children. The 1st petitioner and defacto complainant were living in a nucleus family in Ranipet. In their marriage life, they had some misunderstandings, due to which, the defacto Complainant had lodged a complaint against the petitioners. Enquiry had been conducted by the respondent police. Meanwhile, the 1st 2/5

petitioner as well as the defacto Complainant had agreed that the matrimonial dispute can be resolved and they are now ready for Mediation.

5. Considering the facts and circumstances, the respondent police has to issue notice under Section 41(A) of Cr.P.C to the petitioner and the petitioner is directed to appear before the respondent police 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 F.I.R or close the petition enquiry within a period of two weeks from the date of receipt of a copy of this order. The parties are directed to co-operate 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.

6. In view of the above submissions, the 1st petitioner and the defacto Complainant alone is directed to appear before the Vellore Mediation Centre to resolve the issue. The respondent police shall not take any coersive action against the petitioners till such time. Both the 1st petitioner as well as the defacto Complainant shall appear before the Vellore Mediation Centre on 11.08.2025. 3/5

7. With the above directions, this criminal original petition is disposed of.

30.07.2025 shl To

1. The District Munsif-cum-Judicial Magistrate Court, Arcot

2. The Inspector of Police All Women Police Station, Ranipet, Vellore District.

3. The Public Prosecutor, High Court of Madras.

4/5

M.NIRMAL KUMAR, J.

shl 30.07.2025 5/5