P . Durairaj Vs The State Rep. by The Inspector of Police — Dowry and Cruelty | Madras HC (2026)

P . Durairaj Vs The State Rep. by The Inspector of Police — Dowry and Cruelty | Madras HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail neither granted nor refused; with directions: respondent police to follow the Satender Kumar Antil procedure, conclude the petition enquiry (register F.I.R or close) within two weeks, parties to cooperate with the enquiry, and no coercive steps to secure the accused till completion of the enquiry.

Issue for consideration

Whether the petitioner, apprehending arrest in Crime No. Not Known of 2026 for alleged offences under Sections 351(3) and 85 BNS 2023 r/w Section 4 of the Dowry Prohibition Act, 1961, should be enlarged on anticipatory bail.

Court's answer

The Court took the firm view that the respondent Police may be directed to follow the procedure 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), and the Investigating Officer must conduct the enquiry by strictly following the procedures therein.

Ratio / Principle

If any prima facie case is made out against the petitioner during the enquiry, the police are to 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¶23
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¶23

Detailed headnote1 paragraphs

Anticipatory bail — disposed of with directions. Petitioner P.Durairaj apprehended arrest in Crime No. Not Known of 2026 (W-8 All Women Police Station, Thirumangalam Range, Nolambur, Chennai District) for alleged offences under Sections 351(3) and 85 of the BNS Act, 2023 r/w Section 4 of the Dowry Prohibition Act, 1961; a petition enquiry in CSR.No.24 of 2026 was pending. Relying on Satender Kumar Antil v. Central Bureau Of Investigation ((2026 INSC 115); 2025 SCC OnLine SC 1578), the Madras High Court (C.Kumarappan, J., 24-03-2026) directed the respondent police to conduct the enquiry strictly per that procedure, register an F.I.R or close the enquiry within two weeks if a prima facie case emerged, ordered the parties to cooperate, and restrained the police from taking any coercive steps till completion of the enquiry.

CRL OP No. 7417 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 7417 of 2026

P.Durairaj

..Petitioner(s)

Vs

The State Rep. by The Inspector of Police, W-8 All Women Police Station Thirumangalam Range, Nolambur, Chennai 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/ Accused on anticipatory bail in the event of arrest in Crime No. Not known of 2026 on the file of the Inspector of Police, W-8 All Women Police Station Thirumangalam Range, Nolambur, Chennai District.

For Petitioner(s): Mr.M.Kabilan For Respondent(s): Mr.P.Dhileepan, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under

Sections 351(3) and 85 of the Bharatiya Nyaya Sanhita (BNS) Act, 2023

r/w. Section 4 of the Dowry Prohibition Act, 1961 in Crime No. not known

of 2026, on the file of the respondent police seeks anticipatory bail.

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CRL OP No. 7417 of 2026

When the matter is taken up for hearing today, the learned Government

Advocate (Crl.Side) appearing for the respondent submits that petition enquiry in CSR.No.24 of 2026 is pending against the petitioner.

In such circumstances, this Court is of the firm view that the respondent Police may be directed to follow the procedure 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.

With the above directions, this criminal original petition is disposed of.

24-03-2026

rap

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CRL OP No. 7417 of 2026

To

The Inspector of Police, W-8 All Women Police Station Thirumangalam Range, Nolambur, Chennai District.

The Judicial Magistrate Court, Ambattur, Thiruvallur District.

The Public Prosecutor, High Court, Madras.

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CRL OP No. 7417 of 2026

C.KUMARAPPAN, J.

rap

CRL OP No. 7417 of 2026

24-03-2026

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