Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.04.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
Mr.Moses, S/o.Alagudurai ... Petitioner Vs. State represented by: The Inspector of Police Crime No.not known of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner/accused on bail in the event of his arrest in Crime No.Not known of 2026 pending investigation on the file of the respondent. For Petitioner : Mr.K.Thenrajan For Respondent : Mr. P. Dhileepan Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Section 318(1) and 63 of BNS, 2023 in Crime No. Not known of 2026, 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. 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. With the above directions, this Criminal Original Petition is disposed of. mp To 1.The Inspector of Police 2.The Public Prosecutor, High Court of Madras. C.KUMARAPPAN.J. mp Crl.OP.No.8251 of 2026