N.Kalaiarasan v. The State Rep.By, The Inspector Of Police (Crime)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-05-2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ N.Kalaiarasan S/o.M.Narayanasamy House No.11, 1-A, Lakshmi Tower Apartments, Andavar Nagar, 5th Street, Kodambakkam, Chennai - 600 024.

..Petitioner Vs The State represented by, The Inspector of Police (Crime), V-5, Thirumangalam Police Station, Chennai - 600 101.

..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in the event of his arrest concerned in Crime No.Not Known of 2026, on the file of the respondent police pending investigation.

For Petitioner:

M/s.Durga Rani For Respondent:

Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side) For Intervenor:

Mr.M.Selvam

ORDER

The petitioner apprehend arrest for the alleged offence under Section 351 and 318(4) of The Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No. Not known of 2026, seeks anticipatory bail.

2. Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that the petition 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 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 is disposed of.

29-05-2026 Index: Yes/No Speaking/Non-speaking order jas/kmm 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 XIII Metropolitan Magistrate Court, Egmore. 2.The Inspector of Police (Crime), V-5, Thirumangalam Police Station, Chennai - 600 101.

3.The Public Prosecutor, High Court of Madras.

MOHAMMED SHAFFIQ, J.

jas/kmm 29-05-2026