Elton Gomez v. The State Represented By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Elton Gomez Son of Lawrence Gomez, Residing at No.15/5, Yamuna Nagar Poompuhar Nagar Exiz, Kolathur, Ambattur, Thituvallur, Chennai 600 099 Petitioner(s) Vs

1. The State represented by its, S5 Pallavaram Police Station, Pallavaram, Chennai 600 043 Respondent(s) PRAYER to pass an order enlarging the petitioner/accused on Anticipatory Bail in the event of his arrest by the Respondent Police in Crime no. not known of 2025, pending investigation on the file of the Respondent Police S5 Pallavaram Police Station, Chennai and to pass such further or other orders as this Honble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

For Petitioner(s):

No appearance For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Section 316(2) and 318(2) of BNS Act, 2023 in Crime No. not known of 2025, seeks anticipatory bail.

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

3. No representation for the petitioner.

4. 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 petitioners, register the F.I.R or close the petition enquiry within a period of two (2) 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.

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

14-10-2025 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The State represented by its, S5 Pallavaram Police Station, Pallavaram, Chennai 600 043 2.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 28036 of 14-10-2025