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

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

What the court decided

AI extract

Outcome

Anticipatory bail not granted as such; instead, directions issued: respondent police to follow the Satender Kumar Antil ratio ((2026 INSC 115); 2025 SCC OnLine SC 1578); Investigating Officer to conduct the pending petition enquiry strictly per those procedures and register the F.I.R or close the enquiry within two weeks; parties to cooperate; no coercive steps against the petitioners till completion of the enquiry.

Issue for consideration

Whether the petitioners, who apprehend arrest for an alleged offence under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 in Crime No.Not Known of 2026, should be enlarged on anticipatory bail. +1 more

Court's answer

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 / Principle

The Court held that 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, reported in (2026 INSC 115) and 2025 SCC OnLine SC 1578.

Key takeaways

The Investigating Officer must conduct the enquiry by strictly following the procedures laid down in Satender Kumar Antil.ratio¶19
If a prima facie case is made out against the petitioner, the F.I.R is to be registered or the petition enquiry closed within two weeks from the order; the parties are directed to cooperate with the enquiry.ratio¶19
With the above directions, the Criminal Original Petition is disposed of.ratio

Detailed headnote1 paragraphs

Madras High Court (C. Kumarappan J.), Crl.O.P.No.8193 of 2026, order dated 01.04.2026 — Petitioners apprehending arrest for an alleged offence under S.318(4), Bharatiya Nyaya Sanhita, 2023 (Crime No.Not Known of 2026, J-10 Semmenchery Police Station, Chennai) filed a Criminal Original Petition under S.482, Bharatiya Nagarik Suraksha Sanhita, Act, 2023 seeking anticipatory bail. The Government Advocate (Crl.Side) submitted that a petition enquiry was pending against the petitioners. The 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; the Investigating Officer to conduct the enquiry strictly per the procedures therein and, if a prima facie case is made out, register the F.I.R or close the petition enquiry within two weeks, the parties to cooperate; and no coercive steps to be taken till completion of the enquiry on the defacto complainant's complaint. Petition disposed of accordingly.

Crl.O.P.No.8193 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN

Crl.O.P.No.8193 of 2026

1.Mr.Subramaniyan 2.Mr.A.John Paul

... Petitioners

Vs.

The State represented by The Inspector of Police, J-10, Semmenchery Police Station, Chennai – 600 119. Crime No.Not Known of 2026 ... Respondent

PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.Not Known of 2026 pending on the file of the respondent police.

For Petitioners : Mr.M.Ravi Kumar

For Respondent : Mr.P.Dhileepan, Government Advocate (Crl.Side)

O R D E R

The petitioners apprehend arrest for the alleged offence under Section

318(4) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.Not Known of 2026 on the file of the respondent police seeks anticipatory bail.

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Crl.O.P.No.8193 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 petitioners.

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.

01.04.2026

cda

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Crl.O.P.No.8193 of 2026

To

1.The Inspector of Police, J-10, Semmenchery Police Station, Chennai – 600 119.

2.The Public Prosecutor, High Court of Madras.

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Crl.O.P.No.8193 of 2026

C.KUMARAPPAN.J.

cda

Crl.OP.No.8193 of 2026

01.04.2026

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