S.Kamesh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-05-2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ S.Kamesh S/o. Selvakumar, C-43, Port Trust Housing Colony, Amstrong Street, Near Tollgate Metro Station, New Washermenpet, Chennai-600 081 ..Petitioner(s) Vs The Inspector of Police W-14, All Women Police Station, Tiruvottiyur, Chennai -19.

(Crime No. Not Known of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No. Not Known of 2026 pending before the respondent and thus render justice.

For Petitioner(s):

Mr. P.Raja For Respondent(s):

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

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 498A and 406 of IPC in CSR No. 106 of 2024, 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. Despite the direction, the respondent's counsel is yet to file the counter.

4. The learned Government Advocate (Criminal Side) further submitted that the petitioner may cooperate with the investigation in this regard.

5. 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.

6. 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 The Inspector of Police W-14, All Women Police Station, Tiruvottiyur, Chennai -19.

(Crime No. Not Known of 2026)

2. The Public Prosecutor, High Court, Madras.

MOHAMMED SHAFFIQ, J.

MPA 29-05-2026