Gandhi v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Gandhi S/o. Arasan, and 2 Others

2. M.Babu S/o0. Mahendran

3. G.Karthiga D/o. Gandhi All are residing same address at No.2/155, Athimanapurushan street, Kaali post, Mayiladuthurai Taluk, Mayiladuthurai District Petitioner(s) Vs

1. The state rep. by The Inspector of Police, Manalmedu Police Station Mayiladuthurai District (Crime No. Not known of 2025).

Respondent(s) PRAYER

To enlarge the petitioners on Anticipatory bail in Crime No. not known /2025 pending investigation on the file of the Respondent and thus render justice. For Petitioner(s):

Dasarathan Palanisamy H.Santhanajothi For Respondent(s):

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

ORDER

The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(1), 118(1) and 351(2) of BNS Act, 2023 in CSR.No.633 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. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent.

4. Considering the facts and circumstances, the respondent police has to issue notice under Section 41(A) of Cr.P.C to the petitioners and the petitioners are 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.

10-10-2025 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Judicial Magistrate-I, Mayiladuthurai.

2.The state rep. by The Inspector of Police, Manalmedu Police Station Mayiladuthurai District (Crime No. Not known of 2025).

3.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 27754 of 10-10-2025