Disposed¶29

S.Rubesh v. The State Rep by, The Inspector of Police

Madras HC7 Feb 2025CRL OP/3027/2025

Case brief

AI extract

What is this about?

Crl.O.P.No.3027 of 2025; Madras High Court; Sunder Mohan J.; anticipatory bail; Section 482 of B.N.S.S., 2023; Section 318(4) of BNS Act; notice under Section 35 of BNSS, 2023; CSR No.3034 of 2024; Crime No. Not Known of 2024; DCB Krishnagiri Police Station; register FIR or close petition enquiry within three weeks; no coercive steps till completion of enquiry; disposed on 07.02.2025.

What did the court decide?

No formal bail enlargement; the Criminal Original Petition was disposed of with directions: respondent Police to issue notice under Section 35 of BNSS, 2023; petitioner to appear for enquiry; FIR to be registered or petition enquiry closed within three weeks from the date the order copy is made ready; parties to cooperate; and no coercive steps to secure the accused till completion of enquiry. ¶29

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest for offences punishable under Section 318(4) of BNS Act in Crime No.Not known of 2024, should be enlarged on bail in the event of arrest (anticipatory bail). +1 more

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Court's answer

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; the Investigating Officer is to conduct the enquiry by strictly following the procedures therein.

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Ratio / Principle

If any prima facie case is made out against the petitioner, the respondent Police is to register the F.I.R or close the petition enquiry within a period of three weeks from the date on which the order copy is made ready, and the parties are directed to cooperate with the enquiry.

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Key takeaways

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¶27

Detailed headnote1 paragraphs

Anticipatory bail - Madras High Court, Crl.O.P.No.3027 of 2025 (Sunder Mohan, J., 07.02.2025): S. Rubesh, apprehending arrest for an offence punishable under Section 318(4) of BNS Act in Crime No. Not Known of 2024 (DCB Krishnagiri Police Station), sought bail under Section 482 of B.N.S.S., 2023. On the Government Advocate stating that a petition enquiry was pending in CSR No.3034 of 2024, the court disposed of the petition directing the respondent police to issue notice under Section 35 of BNSS, 2023, the petitioner to appear for enquiry conducted strictly per procedure, and, if a prima facie case is made out, to register the FIR or close the petition enquiry within three weeks from the date the order copy is made ready; parties to cooperate; and no coercive steps to secure the accused till completion of enquiry on the defacto complainant's complaint.

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Crl.O.P.No.3027 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 07.02.2025

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CORAM:

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THE HON`BLE MR.JUSTICE SUNDER MOHAN

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CRL O.P. No.3027 of 2025

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S. Rubesh S/o. Shankar

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...Petitioner

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The State Rep by, The Inspector of Police, DCB Krishnagiri Police Station, Krishnagiri District, (Crime No. Not Known of 2024)

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...Respondent

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PRAYER: - The Criminal Original Petition is filed under Section 482 of

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B.N.S.S., 2023, praying to enlarge the petitioner on bail in the event of his

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arrest in connection with Crime No.not known of 2024 on the file of the

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respondent police.

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For Petitioner : Mr.Saran Raj For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate [Criminal side]

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Page No.1 of 4

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

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Crl.O.P.No.3027 of 2025

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ORDER

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The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Section 318(4) of BNS Act, in Crime No.Not known of 2024, seeks 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 petition enquiry is pending against the petitioner in CSR No.3034 of 2024.

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

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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 procedures therein and if any prima facie case is made out against the Page No.2 of 4

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

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Crl.O.P.No.3027 of 2025

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petitioner, register the F.I.R or close the petition enquiry within a period of three 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.

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With the above directions, this Criminal Original Petition is

disposed of.

07.02.2025

bga

The Public Prosecutor, High Court, Madras. 2. The Inspector of Police, DCB Krishnagiri Police Station, Krishnagiri District, (Crime No. Not Known of 2024)

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Page No.3 of 4

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

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Crl.O.P.No.3027 of 2025

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SUNDER MOHAN. J., bga

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CRL O.P. No.3027 of 2025

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07.02.2025