SethupathiML Vs The State Rep By, The Inspector of Police — Cheating and Forgery | Madras HC (2026)

SethupathiML Vs The State Rep By, The Inspector of Police — Cheating and Forgery | Madras HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail neither granted nor refused; petition disposed of with directions: respondent Police to conduct the pending petition enquiry strictly per the Satender Kumar Antil ratio, register the F.I.R. or close the enquiry within two weeks, parties to co-operate, and no coercive steps to secure the accused until completion of the enquiry on the de facto complainant's complaint.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with an unnumbered 2025/2026 crime for alleged offences under Sections 318(2) and 318(4) of BNS (equivalents of Sections 417 & 420 of IPC), should be enlarged on anticipatory bail under Section 482 BNSS. +1 more

Court's answer

Rather than granting or refusing anticipatory bail outright, the Court issued the above directions and disposed of the Criminal Original Petition.

Ratio / Principle

The Court held that the respondent Police may be directed to follow the ratio 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 that the Investigating Officer must conduct the pending petition enquiry by strictly following the procedures set out therein.

Key takeaways

If any prima facie case is made out against the petitioner during the enquiry, the F.I.R. is to be registered, failing which the petition enquiry is to be closed, within a period of two weeks from the date of the order; the parties were directed to co-operate with the enquiry.ratio¶3
Till the completion of the enquiry arising from the complaint lodged by the de facto complainant, the respondent police shall not take any coercive steps to secure the accused.ratio¶3

Detailed headnote1 paragraphs

Anticipatory bail — petition under S. 482 BNSS where only a 'petition enquiry' was pending and no F.I.R. registered (alleged offences S. 318(2) & 318(4) BNS / S. 417 & 420 IPC; Crime No. not known) — Madras High Court directed the respondent Police to follow the ratio in Satender Kumar Antil v. Central Bureau of Investigation ((2026 INSC 115); 2025 SCC OnLine SC 1578): Investigating Officer to conduct the enquiry strictly per those procedures, register the F.I.R. or close the petition enquiry within two weeks, parties to co-operate, and no coercive steps to secure the accused till completion of the enquiry arising from the de facto complainant's complaint — Criminal Original Petition disposed of (C. Kumarappan, J.).

Crl.O.P.No.7732 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN

Crl.O.P.No.7732 of 2026

Sethupathi

... Petitioner

Vs.

State by: The Inspector of Police All Women Police Station-Kallakurichi, Kallakurichi District.

(Crime No.Unknown of 2026)

... Respondent

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 2025 on the file of the respondent-Police.

For Petitioner : Mr.K.Prasath For Respondent : Mr.P. Dhileepan Government Advocate (Crl.Side) ******

O R D E R

The petitioner apprehends arrest for the alleged offence under Section

318 (2) and 318(4) of BNS (Section 417 & 420 of IPC) in Crime No. Not

known of 2026, seeks anticipatory bail.

1/4

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.7732 of 2026

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 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.

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

of.

26.03.2026

kmi

2/4

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.7732 of 2026

To

1.The Inspector of Police All Women Police Station, Kallakurichi District.

2.The Public Prosecutor, High Court of Madras.

3/4

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.7732 of 2026

C.KUMARAPPAN.J.

kmi

Crl.OP.No.7732 of 2026

26.03.2026

4/4

https://www.mhc.tn.gov.in/judis