Mr. D. Dhinakaran Vs The State Rep. by the Inspector of… — Cheating and Forgery | Madras HC (2026)

Mr. D. Dhinakaran Vs The State Rep. by the Inspector of… — Cheating and Forgery | Madras HC (2026)

What the court decided

AI extract

Outcome

Criminal Original Petition disposed of with directions: respondent police to issue Section 41(A) Cr.P.C notice and conduct enquiry strictly per its procedure; F.I.R to be registered or petition enquiry closed within three (3) weeks; parties to cooperate; no coercive steps against the petitioner till completion of the enquiry.

Issue for consideration

Whether anticipatory bail/protection from coercive steps should be granted to the petitioner who apprehends arrest in connection with a pending petition enquiry concerning offences under Sections 318(4), 319(2) and 340(2) of BNS Act, 2023 (Crime No. not known of 2026).

Court's answer

The respondent police shall issue a notice under Section 41(A) of Cr.P.C to the petitioner, and the petitioner is directed to appear before the respondent police.

Ratio / Principle

The Investigating Officer is to conduct the enquiry strictly following the procedures under the Section 41(A) notice, and if any prima facie case is made out against the petitioner, register the F.I.R or close the petition enquiry within three (3) weeks; the parties are to cooperate with the enquiry.

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¶17

Detailed headnote1 paragraphs

Madras High Court (K. Rajasekar, J.) — CRL.O.P.No.4547 of 2026, decided 24.02.2026: D. Dhinakaran, apprehending arrest under Sections 318(4), 319(2) and 340(2) of BNS Act, 2023 (Crime No. not known of 2026), sought anticipatory bail while a petition enquiry was pending. With the Government Advocate confirming the pendency of the petition enquiry, the court disposed of the petition directing the respondent police (Inspector of Police, D-1, Triplicane Police Station, Chennai) to issue notice under Section 41(A) of Cr.P.C, requiring the petitioner to appear and the enquiry to be conducted strictly per the prescribed procedure, with the F.I.R to be registered or the petition enquiry closed within three (3) weeks, and directing that no coercive steps be taken to secure the accused till completion of the enquiry on the complaint of the defacto complainant.