Mohammed Arafath alias a R Mohammed Vs The State Rep by… — Cheating and Forgery | Madras HC (2026)

Mohammed Arafath alias a R Mohammed Vs The State Rep by… — Cheating and Forgery | Madras HC (2026)

What the court decided

AI extract

Outcome

No bail enlargement ordered; the Criminal Original Petition was disposed of with directions to the respondent police to follow the Satender Kumar Antil ratio, conduct the enquiry strictly per those procedures, register the F.I.R or close the petition enquiry within two weeks if a prima facie case is made out, with party cooperation and no coercive steps till completion of the enquiry.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest for the alleged offences under Sections 316 and 318 of BNS, 2023 in Crime No. Not Known of 2026.

Court's answer

The respondent Police are to follow the ratio laid down by the Hon'ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation in dealing with the pending enquiry.

Ratio / Principle

The Investigating Officer must conduct the enquiry by strictly following the procedures laid down in Satender Kumar Antil and, if a 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 the date of the order.

Key takeaways

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

Detailed headnote1 paragraphs

Madras High Court (C. Kumarappan J.), CRL OP No. 17580 of 2026, disposed on 08-07-2026. Petitioner Mohammed Arafath alias A R Mohammed sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita Act, 2023, apprehending arrest for alleged offences under Sections 316 and 318 of BNS, 2023 in Crime No. Not Known of 2026 (T-21 Kilambakkam Police Station, Chengalpattu District). The Government Advocate (Criminal Side) submitted that a petition enquiry was pending against the petitioner. The Court disposed of the petition with directions: the respondent police are to follow the ratio laid down in Satender Kumar Antil v. Central Bureau of Investigation ((2026 INSC 115); 2025 SCC OnLine SC 1578); the Investigating Officer is 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; the parties are to cooperate with the enquiry; and no coercive steps are to be taken to secure the accused till completion of the enquiry on the defacto complainant's complaint.

CRL OP No. 17580 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-07-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

CRL OP No. 17580 of 2026

MOHAMMED ARAFATH alias A R MOHAMMED S/o Rajappan, No. 35, 1st Floor, Saraswathipuram 1st Street,Chrompet, Chennai - 600 044.

..Petitioner(s)

Vs

The State Rep by its The Inspector of Police T-21, Kilambakkam Police Station, Chengalpattu District. Crime No. Not Known of 2026.

..Respondent(s)

PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the Petitioner on bail in the event of his arrest in Crime NO.Not Known of 2026 on the file of the respondent police.

For Petitioner(s): Mr.G.Arun( through Video conference) For Respondent(s): Ms.R.S.Indira, Govt.Advocate (crl.Side)

Order

The petitioner apprehends arrest for the alleged offence under Section

316 and 318 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

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CRL OP No. 17580 of 2026

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 the defacto complainant.

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

08-07-2026

JRS

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CRL OP No. 17580 of 2026

To

The Judicial Magistrate-I Court , Tambaram

The Inspector of Police

T-21, Kilambakkam Police Station,

Chengalpattu District.

Crime No. Not Known of 2026.

The Public Prosecutor, High Court of Madras.

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CRL OP No. 17580 of 2026

C.KUMARAPPAN J.

JRS

CRL OP No. 17580 of 2026

08-07-2026

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