Petitioners seeking anticipatory bail for offences under BNS 2023. Court directed police to issue Section 41(A) Cr.P.C. notice and conduct enquiry within two weeks without coercive steps.
Police directed to issue notice under Section 41(A) Cr.P.C. and complete enquiry within two weeks without taking coercive steps.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.31489 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-12-2024
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA
CRL OP NO. 31489 of 2024
PRABAKARAN S/o.Perumal and another
Petitioner(s)
Vs
State Rep By, The Inspector Of Police All Women Police Station(AWPS), Namakkal, Namakal District. Crime No.Not Known Of 2024
Respondent(s)
For Petitioner(s):
K.T.S.Sivakumar S.Lakshmipathy
For Respondent(s):
Public Prosecutor
ORDER
The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 85 and 351(2) of the Bharatiya Nyaya Sanhita (BNS) 2023 in Crime No. Not known of 2024, seek anticipatory bail.
A.D. JAGADISH CHANDIRA, J.
stn
1/2
Crl.O.P.No.31489 of 2024
5. With the above directions, this criminal original petition is disposed of.
17.12.2024
stn
To
Crime No.Not Known Of 2024
Crl.O.P. No.31489 of 2024
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2 issues framed by the court
Whether the respondent police are required to issue a notice under Section 41(A) of Cr.P.C. before seeking arrest in an investigation pending in separate civil proceedings.
Whether the police should register an FIR or close the petition enquiry within a specified period following the enquiry procedures.
1 provisions across 1 enactments
Prabakaran S/o. Perumal and another
State Rep. By, The Inspector of Police All Women Police Station, Namakkal
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
