Disposed¶33

P.Mathu v. The State Rep by

Madras HC3 Jan 2025CRL OP/31891/2024

Case brief

AI extract

What is this about?

Madras High Court, Crl.O.P.No.31891 of 2024, dated 03-01-2025; anticipatory bail sought apprehending arrest in Crime No.Not Known of 2024 under Section 318(4) of BNS; petition enquiry pending on complaint by Shek Abdullah; notice under Section 35 of BNSS ordered; petitioner to appear before District Crime Branch, Salem City police; register FIR or close petition enquiry at earliest if prima facie case found; no coercive steps till enquiry completed; petition disposed of.

What did the court decide?

Criminal Original Petition disposed of with directions: notice under Section 35 of BNSS to be issued to the petitioner, enquiry to be conducted strictly per procedure with FIR registration or closure at the earliest, and no coercive steps by respondent police till completion of the enquiry. ¶33

P.Mathu Vs The State Rep by — Cheating and Forgery | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether protection from arrest/anticipatory bail should be granted to the petitioner apprehending arrest in connection with Crime No.Not Known of 2024 registered for offences punishable under Section 318(4) of BNS.

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Court's answer

The respondent police shall issue notice under Section 35 of BNSS to the petitioner; the petitioner shall appear before the respondent police; and the Investigating Officer shall conduct the enquiry 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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Ratio / Principle

The parties are directed to cooperate with the enquiry, and 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.

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Detailed headnote1 paragraphs

Anticipatory bail — Petitioner apprehended arrest in connection with Crime No.Not Known of 2024 for offences punishable under Section 318(4) of BNS. On hearing, the learned Government Advocate (Crl. Side) submitted that based on a complaint by one Shek Abdullah, a petition enquiry was pending against the petitioner. Recording this submission, the Court directed the respondent police to issue a notice under Section 35 of BNSS, the petitioner to appear, and the Investigating Officer to conduct the enquiry strictly following the procedures therein, registering the F.I.R or closing the petition enquiry at the earliest if a prima facie case were made out. The respondent police was directed not to take any coercive steps till completion of the enquiry. With these directions, the Criminal Original Petition was disposed of. (A.D.Jagadish Chandira, J.)

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Crl.O.P.No.31891 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03-01-2025

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CORAM

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THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

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CRL.O.P.NO. 31891 of 2024

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P.Mathu

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S/o.Palani, No.14/234-8, RPS Nagar, Pappapatty Kattu Valvu, Edanganasalai, Salem District.

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Petitioner(s)

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The State Rep by The Inspector of Police, District Crime Branch, Salem City, (FIR No. Unknown of 2024)

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Respondent(s)

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For Petitioner(s):

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Ramesh A R.K.Arjun Raj G.Kalaivanan

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For Respondent(s):

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Public Prosecutor

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ORDER

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Apprehending arrest in connection with Crime No.Not Known of 2024 registered for the offences punishable under Section 318(4) of BNS, the present petition has been filed by the petitioner seeking anticipatory bail.

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Page 1 of 4

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

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Crl.O.P.No.31891 of 2024

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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 based on the the complaint given by one Shek Abdullah, petition enquiry is pending as against the petitioner.

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Heard the learned counsel for the petitioner and the learned

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Government Advocate (Crl. Side) appearing for the respondent Police.

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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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