S. Madhanvanan Vs State Rep.by, the Inspector of Police — Cheating and Forgery | Madras HC (2025)

S. Madhanvanan Vs State Rep.by, the Inspector of Police — Cheating and Forgery | Madras HC (2025)

What the court decided

AI extract

Outcome

Criminal Original Petition disposed of with directions: respondent police to issue notice under Section 35 of BNSS to the petitioner; petitioner to appear before the respondent police; Investigating Officer to conduct the CSR enquiry strictly following the procedures therein and register F.I.R if a prima facie case is made out or close the enquiry at the earliest; parties to cooperate with the enquiry; respondent police not to take coercive steps to secure the accused till completion of the enquiry on the complaint lodged by the de facto complainant.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner who apprehends arrest in connection with Crime No. Not Known of 2024, stated to involve offences punishable under Sections 294(b), 406 and 506(ii) of IPC. +1 more

Court's answer

Recording the submission of the learned Government Advocate (Crl. Side), the Court directed the respondent police to issue notice under Section 35 of BNSS to the petitioner, and directed the petitioner to appear before the respondent police.

Ratio / Principle

The Investigating Officer is 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.

Key takeaways

The parties are directed to cooperate with the enquiry.ratio¶21
The respondent police shall not take any coercive steps to secure the accused till the completion of the enquiry on the complaint lodged by the de facto complainant.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail — pre-FIR stage — CSR enquiry pending. Petitioner S. Madhanvanan sought anticipatory bail apprehending arrest in connection with Crime No. Not Known of 2024, stated to be registered for offences punishable under Sections 294(b), 406 and 506(ii) of IPC. The learned Government Advocate (Crl. Side) submitted that CSR No. 15 of 2024 enquiry was pending against the petitioner. Recording the submission, the Madras High Court (A.D. Jagadish Chandira, J.) directed the respondent police to issue notice under Section 35 of BNSS to the petitioner and directed the petitioner to appear before the respondent police; the Investigating Officer was to conduct the enquiry strictly following the procedures therein and, if any prima facie case was made out, register the F.I.R or close the petition enquiry at the earliest. The parties were directed to cooperate with the enquiry, and the respondent police was directed not to take any coercive steps to secure the accused till completion of the enquiry on the complaint lodged by the de facto complainant. With these directions, the Criminal Original Petition stood disposed of (07-01-2025).

CRL OP NO. 102 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

CRL OP NO. 102 of 2025

S. Madhanvanan S/o. Subramani, No.12, Punitha Anthoniyar 1st Street, Puzhal, Chennai 600 066.

Petitioner(s)

Vs

State Rep.By, The Inspector Of Police, M3, Puzhal Police Station, Chennai - 600 066. (Crime No. Not Known of 2024)

Respondent(s)

For Petitioner(s): Narayana Prasadh For Respondent(s): Mr.S.Santhosh, Govt. Adv. Crl.Side

ORDER

Apprehending arrest in connection with Crime No.Not Known

of 2024 registered for the offences punishable under Sections 294(b), 406, and 506(ii) of IPC, the present petition has been filed by the petitioner seeking anticipatory bail.

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Today, when the matter is taken up for hearing, the learned

Government Advocate (Crl.Side) appearing for the respondent Police submitted that the CSR.No. 15 of 2024 enquiry is pending against the petitioner.

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

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.

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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.

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

07-01-2025

To 1. State Rep.By, The Inspector Of Police, M3, Puzhal Police Station, Chennai - 600 066. (Crime No. Not Known of 2024) 2.The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA, J

MSM

CRL OP NO.102 of 2025

07.01.2025

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