Manikandan v. State by

Madras HC25 Oct 2025CRL OP/28694/2025

Case brief

AI extract

What is this about?

Anticipatory bail petition disposed with directions; pre-FIR petition enquiry pending; BNS Sections 296(b), 318(4); notice under Section 41(A) Cr.P.C; register FIR or close petition enquiry within three weeks; bar on coercive steps till enquiry completed; Cyber Crime Police Station, Nagapattinam; Manikandan v. State; Crl.O.P.No.28694 of 2025; Madras High Court; K.Rajasekar, J.; 25.10.2025.

What did the court decide?

Criminal Original Petition disposed of with directions: respondent police to issue notice under Section 41(A) Cr.P.C; petitioner to appear before respondent police; Investigating Officer to conduct enquiry per procedures therein and register FIR or close petition enquiry within three weeks if a prima facie case emerges; parties to cooperate; no coercive steps against the accused until completion of enquiry. ¶23-24

Manikandan Vs State by — Cheating and Forgery | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether protection should be given to the petitioner, who apprehends arrest at the hands of the respondent police for offences punishable under Sections 296(b), 318(4) of BNS in Crime No. not known of 2025, while the petition enquiry on the defacto complainant's complaint is pending.

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Court's answer

The respondent police shall issue notice under Section 41(A) of Cr.P.C to the petitioner, who is directed to appear before the respondent police.

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Ratio / Principle

The Investigating Officer shall conduct the enquiry strictly following the procedures under Section 41(A) Cr.P.C, and if any prima facie case is made out against the petitioner, register the F.I.R or close the petition enquiry within three weeks.

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Key takeaways

The parties are directed to cooperate with the enquiry.ratio¶20
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 defacto complainant.ratio¶20

Detailed headnote1 paragraphs

Madras High Court (K.Rajasekar, J.), CRL.O.P.No.28694 of 2025, decided 25.10.2025: Manikandan, apprehending arrest for offences punishable under Sections 296(b), 318(4) of BNS in Crime No. not known of 2025, sought anticipatory bail from the Cyber Crime Police Station, Nagapattinam. As the petition enquiry on the defacto complainant's complaint was pending and no FIR had been registered, the Court disposed of the petition directing the respondent police to issue notice under Section 41(A) of Cr.P.C, with the petitioner to appear before them; the Investigating Officer to conduct the enquiry strictly per those procedures and register the F.I.R or close the petition enquiry within three weeks if a prima facie case is made out; the parties to cooperate with the enquiry; and no coercive steps to be taken to secure the accused till completion of the enquiry.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.10.2025

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CORAM

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THE HONOURABLE MR JUSTICE K.RAJASEKAR

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CRL.O.P.No.28694 of 2025

Manikandan

Petitioner

State rep. by The Inspector of Police Cyber Crime Police Station, Nagapattinam, Nagapattinam District. Cr.No. Not known of 2025.

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....Respondent

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For Petitioner : Mr.A.Murugavel For Respondent : Mr.S.Udayakumar Government Advocate (Crl.side)

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ORDER

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The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 318(4) of BNS in Crime

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No. Not known of 2025, seeks anticipatory bail.

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1/4

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https://www.mhc.tn.gov.in/judis

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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.

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Heard the learned counsel for the petitioner and the learned

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Government Advocate (Crl. Side) for the respondent.

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Considering the facts and circumstances, the respondent police has to issue notice under Section 41(A) of Cr.P.C 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 within a period of three (3) 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.

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https://www.mhc.tn.gov.in/judis

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5. With the above directions, this Criminal Original Petition is

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disposed of.

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25.10.2025

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Sma