S Anbuchelvan v. The State Rep By

CRL OP NO. 32219 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 32219 of 2024 S Anbuchelvan S/o. Shanmugasundaram No. 5/277, Kalipalayam, Vellamadai, Coimbatore -641110.

Petitioner(s) Vs.

The State Rep By The Inspector of Police Central Crime Branch -I Coimbatore city. Crime No. Not Known of 2024 Respondent(s) For Petitioner(s):

Naresh Kumar V.Narendran For Respondent(s):

Public Prosecutor

ORDER

Apprehending arrest in connection with Crime No.Not Known of 2024 registered for the offences punishable under Sections 296(b), 316(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), the present petition has been filed by the petitioner seeking anticipatory bail.

2. Today, when the matter is taken up for hearing, the learned Government

Advocate (Crl.Side) appearing for the respondent Police submits that the petition enquiry is pending against the petitioner.

3. Learned counsel for the petitioner submits that this is the second petition filed before this Court. Despite the directions given by this Court to complete the enquiry, the respondent Police have not completed it so far.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

5. Recording the submission made by the learned Government Advocate (Crl.Side), it is hereby directed that the respondent police has to issue notice under Section 35 of BNSS 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 petitioner, register the F.I.R or close the petition enquiry at the earliest.

6. 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 de facto

complainant.

7. With the above directions, this Criminal Original Petition stands disposed of.

8. In view of the above submission made by the learned counsel for the petitioner, the respondent Police is directed to complete the enquiry within a period of two weeks from today.

02-01-2025 To

1. The State Rep By The Inspector of Police Central Crime Branch -I Coimbatore city.

Crime No. Not Known of 2024

A.D. JAGADISH CHANDIRA, J.

klt CRL.OP. No.32219 of 2024 02-01-2025