P.R.Lakshmipriya vs State of Tamilnadu - 2026 Supreme(Online)(Mad) 41611

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2026 Supreme(Online)(Mad) 41611

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.K. RAMAKRISHNAN, J
P.R.Lakshmipriya – Appellant
Versus
State of Tamilnadu – Respondent
CRIMINAL ORIGINAL PETITION | CRL OP(MD) No.9471 of 2026

Important Points

Anticipatory bail not maintainable when no FIR registered and only pending enquiry.

Subject

Criminal Law - Anticipatory Bail

Act Referred

Bharatiya Nyaya Sanhita: S.303(2), S.316(2)

Headnote

The petition is preferred under Section 482 of the Code of Criminal Procedure, 1973 seeking anticipatory bail for alleged offences under Sections 303(2) and 316(2) of Bharatiya Nyaya Sanhita, 2023. Court finds that no case has been registered and enquiry is merely pending. Held, direction issued to complete enquiry within 15 days and protection from arrest during enquiry. Petitioner claims protection against arrest during preliminary enquiry. Court frames question on maintainability of anticipatory bail when no FIR is lodged. Ratio: anticipatory bail inapplicable when only enquiry is contemplated and no case registered. Court further directs the police to complete enquiry expeditiously. Petition is disposed with the above direction. Petitioner granted liberty to approach Court if case registered. Respondent police restrained from arresting petitioner during enquiry.

Advocates:
For the Appellants/Petitioners: Mr.D.Rameshkumar
For the Respondents: Mr.M.Sakthi Kumar

Table of Content
1. anticipatory bail granted when arrest feared despite pending enquiry. (Para 1)
2. police confirm no fir registered against petitioner. (Para 2)
3. direction issued to complete enquiry within 15 days with no arrest. (Para 3 , 4)

The petitioners, who apprehend arrest at the hands of the respondent for the offence punishable under Sections 303(2) and 316(2) of BNS, 2023 in Crime No. Not Known of 2026 on the file of the respondent police, seeks anticipatory bail.

2.When the matter was taken up for hearing, the learned Government Advocate (Crl.Side) would submit that the petition enquiry is pending and as on date no case has been registered against the petitioner herein and hence, grant of anticipatory bail to the petitioner does not arise.

3.Considering the above, there shall be a direction to the respondent police to complete the enquiry and disposed of the same in accordance with law within a period of 15 days from the date of receipt of a copy of this order.

4.With the above direction, this Criminal Original Petition stands disposed of. It is made clear that if any case is registered against her, she may approach this Court by way of filing an appropriate application in accordance with law. The respondent police shall not arrest the petitioner during enquiry.