Sivakanthan v. The State Rep.By, The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-05-2026

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Sivakanthan Petitioner /Accused Vs The State Rep. by, The Sub Inspector of Police, DCB-II, Thiruvallur, Thiruvallur District.

Respondent/Complainant PRAYER:- Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner on Anticipatory bail, in the event of arrest in connection with Cr.No.Unknown of 2026 arising out of the enquiry pending on the file of the Respondent Police, DCB-II, Thiruvallur District.

For Petitioner:

Mr.J.Ravindran Senior Counsel for Mr.Tharun Roshan.E For Respondent:

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

ORDER

The petitioner who apprehends arrest in connection with an enquiry initiated pursuant to notices dated 06.05.2026 and 12.05.2026 issued by the respondent Police in Crime No. Not known of 2026, seeks anticipatory bail. 1/4

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 petitioner, 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. It is also made clear that if there is any case registered in specific crime number against the petitioner, the respondent Police shall proceed with in accordance with law. It is needless to say that in the meanwhile, it is always open to the petitioner to work out his remedy in the manner known to law. 2/4

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

29-05-2026 vum/mfa Index:Yes/No Speaking/Non-speaking order 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 Sub Inspector of Police, DCB-II, Thiruvallur, Thiruvallur District.

2. The Public Prosecutor, Madras High Court, Chennai.

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MOHAMMED SHAFFIQ J.

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