V Raja Vs the Inspector of Police — Cheating and Forgery | Madras HC (2026)

V Raja Vs the Inspector of Police — Cheating and Forgery | Madras HC (2026)

What the court decided

AI extract

Outcome

No anticipatory bail enlargement granted or refused; the Criminal Original Petition was disposed of with directions — respondent police to issue a Section 41(A) Cr.P.C notice, petitioners to appear, enquiry conducted strictly per procedure, F.I.R to be registered or petition enquiry closed within two weeks, parties to co-operate, and no coercive steps against the accused until the enquiry completes.

Issue for consideration

Whether the petitioners, who apprehend arrest for the alleged offence under Section 318(4) of BNS, 2023 in Crime No.Not Known of 2026 on the file of the respondent police, should be enlarged on anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

Considering the facts and circumstances, the respondent police shall issue notice under Section 41(A) of Cr.P.C to the petitioners, and the petitioners are directed to appear before the respondent police.

Ratio / Principle

The Investigating Officer is to conduct the enquiry by strictly following the procedures contained in the Section 41(A) Cr.P.C notice mechanism.

Key takeaways

If a prima facie case is made out against the petitioners, the respondent police shall register the F.I.R, or close the petition enquiry, within a period of two (2) weeks from the date of the order; the parties are directed to co-operate with the enquiry.ratio¶27
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¶27

Detailed headnote1 paragraphs

Anticipatory bail — Section 482 BNSS, 2023 — alleged offence under Section 318(4) BNS, 2023 in Crime No.Not Known of 2026 (FIR not yet registered; petition enquiry pending). Madurai Bench of Madras High Court (K. Rajasekar, J., 22.07.2026) disposed of CRL OP(MD) No.15112 of 2026 with directions: respondent police (Central Crime Branch – II, Madurai City) to issue notice under Section 41(A) Cr.P.C to the petitioners, who are to appear; the Investigating Officer to conduct the enquiry strictly following the procedures therein and, if a prima facie case emerges, register the F.I.R or close the petition enquiry within two weeks; parties to co-operate; police barred from taking coercive steps to secure the accused until completion of the enquiry on the complaint lodged by the de-facto complainant. Judgment cites no precedent cases.

CRL OP(MD). No.15112 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 22.07.2026

PRESENT

THE HONOURABLE MR.JUSTICE K. RAJASEKAR

CRL OP(MD)No.15112 of 2026

1.V.Raja, S/o.Valyayautham

2.R.Ashok Kumar, S/o.Ramar ... Petitioners /Accused Rank Not Known

Versus

The State of Tamil Nadu, Rep by the Inspector of Police, Central Crime Branch – II, Madurai City. (Crime No.Not Known of 2026) ... Respondent/Complainant

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

For Petitioners : Dr.R.Alagumani, Advocate

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CRL OP(MD). No.15112 of 2026

For Respondent : Mr.T.Lenin Kumar, Counsel for State of TN (Criminal Side)

ORDER : The Court made the following order :-

The petitioners, who apprehend arrest for the alleged offence

under Section 318(4) of BNS, 2023 in Crime No.Not Known of 2026 , on the file of the respondent police, seek anticipatory bail.

Today, when the matter is taken up for hearing, the learned Counsel for State of TN (Criminal Side) appearing for the respondent Police submitted that the petition enquiry is pending.

Heard the learned counsel for the petitioners and the learned Counsel for State of TN (Criminal Side) for the respondent.

Considering the facts and circumstances, the respondent police has to issue notice under Section 41(A) of Cr.P.C to the petitioners and the petitioners are 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

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CRL OP(MD). No.15112 of 2026

petitioners, register the F.I.R or close the petition enquiry within a period of two (2) 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.

5. With the above directions, this Criminal Original Petition stands

disposed of.

22.07.2026

mkn

To

1.The Inspector of Police, Central Crime Branch – II, Madurai City.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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CRL OP(MD). No.15112 of 2026

K. RAJASEKAR, J.

mkn

ORDER IN CRL OP(MD) No.15112 of 2026

Date : 22.07.2026

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