Sukanthira Kumar Vs State Rep.by, The Inspector of Police — Cheating and Forgery | Madras HC (2026)

Sukanthira Kumar Vs State Rep.by, The Inspector of Police — Cheating and Forgery | Madras HC (2026)

What the court decided

AI extract

Outcome

Interim protection in lieu of an immediate bail decision: the respondent Police are to follow the Satender Kumar Antil procedure for the pending petition enquiry; the Investigating Officer to conduct the enquiry strictly per those procedures and register the F.I.R or close the petition enquiry within two weeks; and the police are not to take coercive steps to secure the petitioner till completion of the enquiry on the de facto complainant's complaint. Petition disposed of with these directions.

Issue for consideration

Whether the petitioner, who apprehends arrest for the alleged offences under Sections 318 & 318(4) of BNS, 2023 in Crime No. Not known of 2026, is entitled to be enlarged on bail in the event of arrest (anticipatory bail). +1 more

Court's answer

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 / Principle

The respondent Police may be directed to follow the ratio as laid down by the Hon'ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation ((2026 INSC 115); 2025 SCC OnLine SC 1578).

Key takeaways

The Investigating Officer has to conduct the enquiry by strictly following the procedures laid down in Satender Kumar Antil v. Central Bureau of Investigation.ratio¶¶20
If any prima facie case is made out against the petitioner, the F.I.R is to be registered or the petition enquiry closed within a period of two weeks from the date of the order.ratio¶¶20
With the above directions, the Criminal Original Petition is disposed of.ratio

Detailed headnote1 paragraphs

CRL OP No. 16037 of 2026 (High Court of Judicature at Madras, C. Kumarappan J., 24-06-2026): Anticipatory-bail petition under Section 482 BNSS by a petitioner apprehending arrest in an unregistered crime (Cr.No. Not known of 2026, Tiruppur North Police Station) for alleged offences under Sections 318 & 318(4), BNS 2023. On the Government Advocate's submission that a petition enquiry was pending against the petitioner, the Court directed the respondent Police to follow the ratio laid down by the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation ((2026 INSC 115); 2025 SCC OnLine SC 1578): the Investigating Officer to conduct the enquiry strictly per those procedures and, if a prima facie case is made out, register the F.I.R or close the petition enquiry within two weeks; parties directed to cooperate; police barred from taking coercive steps till completion of the enquiry. The Criminal Original Petition was disposed of with these directions.

CRL OP No. 16037 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

CRL OP No. 16037 of 2026

Sukanthira Kumar S/o. Subbiah, Kannan Cottage, Ammaravathipalayam Pallikalaipalayam, Tiruppur District.

..Petitioner(s)

Vs

State Rep.by, The Inspector of Police, Tiruppur Noth Police Station, Tiruppur District. Cr.No.Not Known of 2026.

..Respondent(s)

Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioner on bail in the eent of his arrest in Cr.No.Not Known of 2026 on the file of the inspector of Police, Tiruppur North Police Station, Tiruppur District pending investigation.

For Petitioner(s): Mr.Parameswaran S For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) ******

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CRL OP No. 16037 of 2026

ORDER

The petitioner, who apprehends arrest for the alleged offence under Section 318 & 318(4) of BNS, 2023 in Crime No.Not known of 2026, seeks anticipatory bail.

2. Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that the petition enquiry is pending against the petitioner.

3. In such circumstances, this Court is of the firm view that the respondent Police may be directed to follow the ratio as laid down by the Hon’ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation reported in (2026 INSC 115) and 2025 SCC OnLine SC 1578 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 two 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

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CRL OP No. 16037 of 2026

the de facto complainant.

4. With the above directions, this Criminal Original Petition is disposed

of.

24-06-2026

KMI To 1.The Inspector of Police, Tiruppur North Police Station, Tiruppur District.

2.The Public Prosecutor Madras High Court.

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CRL OP No. 16037 of 2026

C.KUMARAPPAN, J.

KMI

CRL OP No. 16037 of 2026

24-06-2026

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