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2025 DAILYLAW 9570 (MAD)

R KANNAN v. STATE REP.BY, THE INSPECTOR OF POLICE,

CRL OP/1786/2025 · 2025-02-05

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.OP.No.1786 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.02.2025 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.OP.No.1786 of 2025 R.Kannan ...Petitioner/Single Accused Vs. The State rep. by its:- The Inspector of Police, Mannarkudi Police Station Tiruvarur District. (Crime No. Not Known of 2024) ...Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioner on bail in the event of his arrest in Crime No.Not Known of 2024 on the file of the respondent police, Mannarkudi Police Station, Tiruvarur District. For Petitioner : Mr.R.Balasubramanian For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) Page No.1 of 4 https://www.mhc.tn.gov.in/judis Crl.OP.No.1786 of 2025 O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 318(IV) of the BNS in Crime No. Not known of 2024, seeks anticipatory bail. 2. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the petition enquiry is pending against the petitioner in C.S.R.No.765 of 2024. 3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent Police. 4. Considering the facts and circumstances, the respondent Police has to issue notice under Section 35 of BNSS, 2023 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 Page No.2 of 4 https://www.mhc.tn.gov.in/judis Crl.OP.No.1786 of 2025 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 the date on which the order copy is made ready. 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. 05.02.2025 Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No Internet: Yes/No dk To 1. The Inspector of Police, Mannarkudi Police Station, Tiruvarur District. 2. The Public Prosecutor, Madras High Court, Chennai. Page No.3 of 4 https://www.mhc.tn.gov.in/judis Crl.OP.No.1786 of 2025 SUNDER MOHAN, J. dk Crl.OP.No.1786 of 2025 05.02.2025 Page No.4 of 4 https://www.mhc.tn.gov.in/judis