Koothabiran Vs The State rep.by, Inspecto of Police — Cheating and Forgery | Madras HC (2026)

Koothabiran Vs The State rep.by, Inspecto of Police — Cheating and Forgery | Madras HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail neither granted nor refused in terms; petition disposed of with directions: respondent police to issue notice under Section 35 BNSS, petitioner to appear before the police, Investigating Officer to conduct the enquiry strictly per procedure and register the F.I.R or close the petition enquiry at the earliest if a prima facie case is made out, parties to co-operate, and no coercive steps to secure the accused till completion of the enquiry.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with Crime No. Not Known of 2025, pending investigation on the file of the respondent police.

Court's answer

Directed the respondent police to issue notice under Section 35 of BNSS to the petitioner, and directed the petitioner to appear before the respondent police.

Ratio / Principle

Directed that the Investigating Officer conduct the enquiry by strictly following the procedures therein, and if a prima facie case is made out against the petitioner, register the F.I.R or close the petition enquiry at the earliest.

Key takeaways

Directed the parties to co-operate with the enquiry.ratio¶24
Directed that 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¶25

Detailed headnote1 paragraphs

Criminal Original Petition under S.482 BNSS, 2023 for anticipatory bail — petitioner apprehended arrest in connection with Crime No. Not Known of 2025, stated to be registered for offences punishable under Ss.120B, 406, 420 and 423 IPC, equivalent to Ss.61(2), 316(2), 318(4) and 322 BNS — Government Advocate (Crl.Side) submitted that Current Paper No. 1797/COP-PGP/TPC/2025 of 2025 was pending against the petitioner — Court disposed of the petition directing the respondent police to issue notice under S.35 BNSS and the petitioner to appear before the police; Investigating Officer to conduct the enquiry strictly following the procedures therein and, if a prima facie case is made out, register the F.I.R or close the petition enquiry at the earliest — parties directed to co-operate with the enquiry — respondent police not to take any coercive steps to secure the accused till completion of the enquiry on the complaint lodged by the de-facto complainant.

CRL OP NO. 329 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR

CRL OP NO. 329 of 2026

Koothabiran

Petitioner(s)

Vs

State Rep By, Inspector Of Police Thirumurugan Poondi Police Station Tiruppur District

Crime No. Not Known of 2025.

Respondent(s)

Prayer: Criminal Original Petition is filed under Section 482 of BNSS, 2023 praying to grant anticipatory bail to the petitioner in the event of his arrest, pending investigation in Crime No. Not Known on the file of the respondent police.

For Petitioner(s) : Mr.M.Neshapriyan For Respondent(s): Ms.J.R.Archana, Government Advocate (Crl.Side)

ORDER

Apprehending arrest in connection with Crime No.Not Known of

2025 registered for the offences punishable under Sections 120B, 406, 420, and 423 of IPC equivalent to 61(2), 316(2), 318(4), & 322 of BNS,

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in Crime No.Not Known, the present petition has been filed by the petitioner seeking anticipatory bail.

Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the Current Paper No. 1797/COP-PGP/TPC/2025 of 2025 is pending against the petitioner.

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

Recording the submission made by the learned Government Advocate (Criminal 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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The parties are directed to co-operate 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 de-facto complainant.

With the above directions, this Criminal Original Petition stands

disposed of.

09.01.2026

MSM To Inspector Of Police Chithode, Erode District Crime No. Not Known.

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K.RAJASEKAR , J.

MSM

CRL OP NO. 329 of 2026

09.01.2026

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