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Madras High CourtCRL OP/13897/2026disposed of

D.Deva Prakash v. State Rep.By, The Inspector Of Police,

2026-05-29Honourable Mr.Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-05-2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

1. D.Deva Prakash S/o. Devarajan, Residing at No.3/1, Red Hills Road, Ram Nagar, Thiruvallur District.

Chennai - 600 053.

2. K.Devarajan S/o.Krishnan Residing at No.3/1, Red Hills Road, Ram Nagar, Thiruvallur District.

Chennai - 600 053.

3. D. Shanthi W/o. Devarajan, Residing at No.3/1, Red Hills Road, Ram Nagar, Thiruvallur District.

Chennai - 600 053.

..Petitioner(s) Vs State Rep.by, The Inspector of Police, All Women Police Station, Sirkali Police Station, Cr.No.Not Known of 2026.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners/ Accused (A1 to A3 on Anticipatory bail in the apprehend of arrest in Cr.No.Not Known of 2026 on the file of the Respondent

Police, pending investigation.

For Petitioner(s):

Mr.Kandasamy Bommuraj For Respondent(s):

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

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 85 of BNS, 2023 and section 4 of the Dowry Prohibition Act, 1961, seek 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 in CSR.No.126 of 2026 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 is disposed of.

29-05-2026 MPA 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, All Women Police Station, Sirkali Police Station, Cr.No.Not Known of 2026.

2. The Public Prosecutor, High Court, Madras.

MOHAMMED SHAFFIQ, J.

MPA 29-05-2026